Colorado Workers' Comp Law Blog» Employment

What Happens When I am Injured and Cannot Return to My Job?

Spencer & Spencer — Tue, 16 Mar 2010 22:41:18 +0000

In Colorado, if you are injured at work, and unable to work at all, you are entitled to compensation for your inability to work (also called Temporary Total Disability benefits, or TTD).

Many people wonder if Colorado workers’ compensation provides any retraining or vocational rehabilitation. Unfortunately, it doesn’t.

If you are not able to do the type of work that you’ve done in the past, it is your responsibility to find other work that you can do, or find a way to re-train for another job. Your local Division of Vocational Rehabilitation office may be able to help with re-training.

What if I am released to “light duty” work?

If your doctor releases you back to work with restrictions, your employer will decide whether to offer you modified duty. Some people call this “light duty.”

You are required to try any modified duty position that is within your restrictions or approved by your doctor. If the job pays less than your regular position, you are entitled to compensation for some of the difference in pay.

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Are You an Employee or an Independent Contractor?

Spencer & Spencer — Wed, 24 Feb 2010 20:31:41 +0000

The economic downturn has led some companies to cut payroll costs by illegally classifying workers as independent contractors rather than employees.

If you work as an independent contractor you will have no workers’ compensation coverage if you are hurt on the job, unless you purchase your own coverage.

It can be a blurry line between being an employee or an independent contractor, but it is important to know which you are.

Here are some tips for determining your status to make sure you receive the benefits you deserve and to prevent yourself from being taken advantage of.

How Many Companies Do You Work For? – A good indicator that you are an independent contractor is when the you do the same type of work for multiple companies.
Is Your Employment Permanent?– If you are hired with the expectation that the job will be permanent, or until further notice, you are generally considered an employee.
Are You Reimbursed for Expenses? – Independent contractors are more likely to have expenses that are not reimbursed by the company. But employees are generally reimbursed for business-related expenses.
Do You Provide Your Own Workspace or Tools?– Independent contractors will usually have an office or work space, or tools, equipment, or supplies that they pay for themselves.
How Often Are You Paid?– Independent contractors are typically paid by the job, while employees are paid by the hour, week, or month.
Who Pays for Your Benefits? – Independent contractors typically do not get benefits from the company, while employees, if eligible, receive benefits such as insurance, pension plans, vacations, sick days, and workers’ compensation coverage.

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Can I Be Fired If I Am Injured at Work in Colorado?

Spencer & Spencer — Thu, 11 Feb 2010 16:10:08 +0000

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.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Workers' Compensation case, please contact us via e-mail, phone, or the Internet.

What Happens When I am Injured and Cannot Return to My Job?