Injured on the job3/29/2023 ![]() ![]() Colorado Workers’ Compensation Retaliation LawsĬolorado’s workers’ compensation laws are found in Colorado Revised Statutes 8-40-101 to 8-66-112. Workers’ compensation fired while on light duty is grounds for a legal claim for monetary compensation. If your employer creates a pretext to fire you while on light duty for workers’ compensation, your employer is in violation of the law. However, they can’t fire you because you have work restrictions. In fact, in an at-will employment state, they don’t even have to prove that there’s just cause to fire you. While you’re on light duty, your employer may still fire you. Workers’ compensation fired while on light duty occurs when your employer terminates you when you have work restrictions because of a job-related illness or injury. Workers’ Compensation Fired While on Light Duty It’s up to you as the wrongfully fired employee to prove that the firing was in response to the workers’ comp claim. The compensation that you can claim may include lost wages as well as pain and suffering. You may even get your job back if you want it. You have the right to bring a lawsuit against your employer. If you get fired while on workers’ comp, you may deserve financial compensation. What Happens If You Get Fired While on Workers’ Comp? Generally, you can terminate an employee while on workers’ comp, but only for a valid reason, that’s not retaliation against the employee because they exercise their rights under workers’ compensation law. If an employer terminates a worker while the worker is on leave because of a qualifying injury, the question is whether the termination is a pretext because of the workers’ comp matter. However, you can’t terminate an employee while on workers’ comp to punish them for making a claim. You can terminate an employee for a valid reason while on workers’ comp. Can You Terminate an Employee While on Workers’ Comp? That’s why Colorado law prohibits an employer from firing a worker for being hurt on the job. If you’re fired for getting injured on the job, you don’t fairly have the opportunity to exercise your rights. You have the right to claim monetary payment through the workers’ compensation system. You have a right to take time off work when you’re hurt on the job. However, employees have rights under Colorado workers’ compensation laws. The employee doesn’t have to do anything to deserve being fired. Unless there’s an employment contract or collective bargaining employment in place between the parties, either party can end the working relationship at any time. In turn, employees can leave their jobs at any time. Being an at-will state means that an employer can fire an employee for any reason. Fired for Getting Hurt on the Job in ColoradoĬolorado is an at-will state. If you’re fired for getting hurt on the job, you may deserve financial compensation. Even in states where employment is at-will, an employer can’t fire an employee for getting hurt on the job. If you’re fired for seeking benefits, your employer has violated your rights. When you’re injured on the job, you have the right to seek workers’ compensation benefits. No, you can’t be fired for getting hurt on the job.
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