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FAQ

The purpose of trial in workers' compensationThe workers' compensation system was set up to provide benefits to injured workers. It was not set up to make the injured worker prove he or she was injured at work. Therefore, a trial in a workers' compensation case tends to favor the injured worker.

Even if you are on Workers' Compensation, your employer can still fire you if they present valid reasons for the termination. The employer doesn't even have to give you prior notice of your firing because Colorado is an employment-at-will state.If the reason for termination is valid, you have very little recourse.

It is important to know that if you terminate an employee while receiving workers' compensation benefits, they are still entitled to receive those benefits. The benefits do not terminate with their employment.Lost time benefits will continue until they are released to return to work full duty or are placed at MMI.

Workers' compensation insurance provides medical and lost wage benefits to workers who are injured on the job. Unemployment benefits may be available to workers who have lost their job through no fault of their own. A worker does not have to be injured to collect unemployment benefits.

Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.

The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.

There's nothing in the workers compensation law that protects your employment status. If you come back to work, you are not guaranteed a specific job or rate of pay. You will be entitled to differential wage loss benefits if your work injury prevents you from earning full, pre-injury wages.

Approximately 5% of workers' comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer's workers' comp carrier has denied your claim, your lawyer would start preparing your case for trial.

Colorado Entry of Appearance for Workers' Compensation

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