Receiving workers’ compensation benefits after a workplace injury should bring relief, not anxiety about job security. In Colorado, workers’ compensation exists to protect injured employees. However, many worry about whether their employer can terminate them while they recover.

At Mintz Law Firm, we help injured Colorado workers understand their rights and protect them from wrongful termination. Our team has successfully represented thousands of injured workers throughout the state. We’re committed to helping our clients receive both the benefits and job protections they deserve.

Can Your Employer Fire You While on Workers’ Compensation?

Colorado is an at-will employment state, meaning employers can generally terminate employees for any reason not prohibited by law. You can be fired while receiving workers’ compensation benefits, but your employer cannot fire you solely because you filed a workers’ compensation claim. The termination must be for a legitimate, non-retaliatory reason unrelated to your injury or claim.

For example, if your company implements layoffs that affect multiple departments, you can still be included, even while on workers’ compensation. However, if you’re fired shortly after filing a claim and other employees with similar performance records remain employed, this may constitute illegal retaliation.

What Constitutes Illegal Retaliation in Colorado?

Colorado law prohibits employers from retaliating against employees who exercise their right to file workers’ compensation claims. Illegal retaliation can take several forms beyond outright termination. Understanding these protections helps you recognize when your employer crosses legal boundaries.

Retaliatory actions include demotion, reduction in hours or pay, denial of promotions you would otherwise receive, creation of a hostile work environment, or assignment to undesirable shifts or duties. According to Colorado’s Division of Workers’ Compensation, employers who retaliate face significant penalties.

If you suspect retaliation, document everything. Keep records of performance reviews, communications with supervisors, and any changes in your work conditions following your injury. This documentation becomes crucial evidence if you need to pursue legal action.

How Do You Prove Wrongful Termination Related to Workers’ Compensation?

Proving wrongful termination requires demonstrating a clear connection between your workers’ compensation claim and your firing. The timing of events often provides the most substantial evidence. If you’re terminated within weeks of filing your claim, and there are no prior disciplinary issues, this suggests retaliation.

Gathering Evidence of Retaliation

Strong evidence includes written communications from supervisors or HR, witness statements from coworkers who observed discriminatory treatment, documentation of your work performance before and after your injury, and records showing that similarly situated employees received different treatment. The more evidence you compile, the stronger your case becomes.

Compare your situation to colleagues. Were others with similar attendance or performance issues treated differently? Did your employer follow standard termination procedures? Inconsistencies in how your employer handled your termination compared to others strengthen claims of discrimination.

What Steps Should You Take If Fired While on Workers’ Compensation?

Request written documentation of the termination reason immediately. Employers sometimes provide vague explanations initially but reveal more specific reasons in writing. This documentation can expose contradictions if the stated reason differs from the actual motivation.

Continue your medical treatment and follow all the doctor’s orders. Your workers’ compensation benefits should continue regardless of your employment status. Don’t let termination prevent you from receiving necessary medical care.

Consult with an experienced workers’ compensation attorney right away. Colorado has strict deadlines for filing wrongful termination and retaliation claims. Waiting too long may forfeit your right to seek justice and compensation for the harm you’ve suffered.

Talk to Experienced Personal Injury Attorneys Today at Mintz Law Firm

Colorado workers deserve protection when they suffer workplace injuries. While employers maintain certain termination rights, firing someone in retaliation for filing a workers’ compensation claim violates state law. Understanding these protections helps you recognize when your employer has crossed legal lines and take appropriate action to defend your rights.

Mintz Law Firm brings over 300 years of combined legal experience to workers’ compensation cases throughout Colorado. Our 12 attorneys have recovered more than $20 million annually for clients. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Call (303) 462-2999 or complete a contact form to schedule your free consultation to discuss your situation and learn how we can help protect your rights.