Can I Be Fired While on Workers’ Comp in Colorado?

If you’ve been injured on the job in Colorado and are receiving workers’ compensation benefits, you may be wondering: Can I be fired while on workers’ comp? The short answer is yes—but with some important legal limitations. Understanding your rights as an injured worker is key to protecting your job, your income, and your future.

In this article, we’ll break down what Colorado law says about termination during a workers’ compensation claim, what constitutes illegal retaliation, and what steps you can take if you believe you’ve been wrongfully fired while recovering from a work-related injury.

Workers’ Compensation in Colorado: A No-Fault System

Colorado’s workers’ compensation system is no-fault, which means you don’t have to prove that your employer did something wrong in order to receive benefits. Whether your accident was your fault or not, you’re typically entitled to medical treatment, wage replacement, and other benefits if the injury occurred while performing job-related duties.

However, this system doesn’t necessarily guarantee job protection. Receiving workers’ comp benefits and keeping your job are two separate legal issues.

For answers to your questions, call:
(303) 999-9999

Is It Legal for an Employer to Fire an Injured Worker?

The Legal Reality

Under Colorado law, employers are generally allowed to terminate an employee while they are out on workers’ compensation, as long as the reason is not retaliation for filing the claim.

Some legally permissible reasons for termination may include:

• Business downsizing or restructuring
  
• Elimination of the injured worker’s position
  
• Inability to accommodate restrictions
  
• Misconduct or policy violations (unrelated to the injury)
  

However, what an employer cannot do is fire an employee because they filed a workers’ comp claim. Doing so could be considered retaliatory discharge, which is illegal.

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What Counts as Retaliation?

Retaliation occurs when your employer punishes you specifically because you exercised a protected right—in this case, filing a workers’ compensation claim.

Examples of retaliatory behavior may include:

• Terminating you shortly after your claim is filed with no clear reason
  
• Demoting or reducing your hours after your injury
  
• Creating a hostile work environment post-claim
  
• Threatening you for reporting a work injury
  

If you suspect any of these actions were taken against you because of your claim, you may have grounds for a wrongful termination lawsuit.

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At-Will Employment Doesn’t Mean No Rights

Colorado is an at-will employment state. This means that an employer can fire an employee at any time for any lawful reason—or no reason at all—unless a contract or law says otherwise.

But at-will status doesn’t give employers a free pass to retaliate. Laws like the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and Colorado workers’ compensation laws still apply. If your firing violates one of these protections, your employer could be held liable.

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Can You Return to Work with Restrictions?

After your treating physician places you on light duty or assigns work restrictions, your employer is supposed to try to accommodate those restrictions if possible. If they can’t provide appropriate work, you may continue receiving temporary total disability (TTD) benefits.

Some employers may attempt to push out injured workers by refusing to accommodate restrictions or offering “light duty” jobs that are intentionally difficult or unpleasant. If you feel you’re being forced out, document everything and speak to a workers’ comp attorney immediately.

If you’ve sustained injuries while working in a warehouse, such as back, head, or neck injuries, you may be entitled to workers’ compensation benefits. Whether you’re dealing with head injuries, back injuries, or neck injuries, it’s crucial to have legal support to ensure that your rights are protected throughout the claims process. At Boesen Law, we are experienced in helping workers in various industries, including warehouse settings, navigate their workers’ compensation claims and pursue fair compensation for their injuries. If you’ve been injured on the job, contact us today to discuss your case and how we can assist you in securing the benefits you deserve.

What If I’m Fired While Still Recovering?

If you’re fired while still receiving benefits, your workers’ compensation claim doesn’t automatically stop. You may still be entitled to:

• Medical treatment covered by workers’ comp
  
• Temporary or permanent disability benefits
  
• Mileage reimbursement for medical appointments
  
• Vocational rehabilitation (in some cases)
  

However, losing your job can complicate your return-to-work plan and may reduce your wage replacement benefits. That’s why it’s important to consult with a knowledgeable workers’ comp lawyer if your employment is terminated.

What Should You Do If You’re Fired While on Workers’ Comp?

1. Stay Calm and Document Everything

Keep written records of any conversations, termination letters, or emails related to your job and your injury. Save pay stubs, doctor’s notes, and any restrictions placed on you.

2. File for Unemployment if Eligible

You may qualify for unemployment benefits if your doctor released you to light or full duty and your employer terminated your position for reasons unrelated to the injury.

3. Consult a Workers’ Compensation Attorney

An experienced attorney can help determine whether your termination was lawful, protect your rights, and ensure you receive all benefits you’re entitled to.

4. Consider a Wrongful Termination Claim

If your firing was in retaliation for filing a workers’ comp claim, you may be entitled to additional damages beyond workers’ comp—such as lost wages and emotional distress.

Protect Yourself with Boesen Law

At Boesen Law, our personal injury lawyers know how stressful it is to face an uncertain future after a work injury—especially if you’ve been fired while still healing. Our legal team is experienced in handling both workers’ compensation and wrongful termination claims throughout Colorado.

We’re here to help you:

• Understand your legal rights
  
• Navigate benefit delays or denials
  
• Build a strong case if you’ve been retaliated against
  
• Maximize your compensation while protecting your job security
  

Request a Free Case Evaluation Today

If you believe you’ve been unfairly fired while on workers’ comp or are unsure what to do next, don’t wait. Call +303 999-9999 or contact us to schedule your free, no-obligation consultation with an experienced Colorado workers’ compensation attorney.

Call or text (303) 999-9999 or complete a Free Case Evaluation form