Yes, in Colorado you can be fired after being injured at work. And thanks to a law passed by the Colorado legislature in 1999, Colorado employers are firing injured workers more and more often.
Under this law, if you are “responsible” for losing your job, you are not eligible for wage-loss benefits. This is true even if your injury prevents you from finding another job!
Since this law was passed, many employers have been looking for any excuse to terminate their injured workers to save the insurance carriers some money on wage-loss benefits. You wouldn’t believe the number of clients who suddenly start getting written up, or who start receiving negative performance reviews after their injury.
Injured workers are getting fired for:
- being late to work,
- missing time for doctors’ appointments without calling in,
- “bad attitudes,” etc.
So it is important to be very careful of your employer’s rules once you get hurt!
Another important thing to know is that quitting can also cut off your benefits under this law. If you quit, you are still considered “responsible” for losing your job. There are only certain situations where it is legally advisable to quit your job after an injury.
If you have been fired after an injury, or feel that your employer is trying to make you quit, please contact an attorney immediately! There are legal actions that may restore or protect your eligibility to lost-wages benefits. An attorney can help determine if any of these legal technicalities apply to your case.
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