Can You Be Fired Because of a Work Injury?

Sep 12, 2024 | WC & Other Laws

Can You Be Fired Because of a Work Injury? – You can get fired even if you’re off work because of a work injury. However, you can’t be fired simply for requesting Workers’ Compensation benefits.

For example, if you get injured on the job because you were under the influence of drugs, you would be entitled to Workers’ Compensation benefits, but they can still fire you.

If you can’t do your job, but you’ve worked for your employer for 12 months and your employer has more than 50 employees, then you might have some protections called “Family Medical Evac.” This consists of where they have to hold open your job for about 12 weeks before they can replace you.

If you are let go, you’re entitled to lost wages, 2/3 of your lost wages, while you’re in treatment. At the same time, you have restrictions, and so long as the employer doesn’t claim you’re responsible for termination, meaning you exercise some control over the circumstances.

We’re here to help

The cases can be very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98, all of our consultations are free and confidential.

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