Getting Lost Wages After a Work Injury

May 26, 2022 | Benefits

Getting Lost Wages After a Work Injury – If you’re off work because of a work-related injury you should be getting 2/3 of your lost wages. Unfortunately, one of the arguments that an employer can raise to deny you lost wages while you’re being treated is that you’re responsible for your termination.

Getting Lost Wages After a Work Injury

If the employer claims that you are responsible for losing the job, you would need to hire an attorney, go to court, and make them prove that you were responsible for your termination. You can lose your job, and it may be a completely correct firing, but that doesn’t necessarily mean that you were at fault.

What does responsible for termination mean?

In Colorado, being responsible for termination means that you had some degree of power over the circumstances, that you could have exercised a choice to go A or B, and you decided to go B even though you knew you were going to get fired.

For example, if you show up late to work because you overslept, and your employer says that if you show up late again that week, they’re going to fire you.  The next day you’re driving to work,  your tire is punctured on the road, so you pull over and change it, and you get to work 10 minutes late, so your employer fires you.

The employer didn’t fire you the first time when, arguably, maybe, you were at fault for oversleeping, and the employer said they were going to fire you if you were late more than once that week. The second time was not your fault, you had no control over the situation, so you were late through no fault of your own.

So, in that case, even though the employer legally may have been justified in firing you, you are still entitled to lost wages under Workers’ Compensation because you didn’t exercise control over the circumstances.

We’re here to help.

If you’re injured on the job,  off work, not getting wage loss and you’re getting medical care, you need to talk with an attorney to help you fight for the benefits you deserve.

If you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-9898. All of our consultations are free and confidential.

Additional Resource: Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims

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