Does Workers’ Comp Protect My Job?
Your Employer Does Not Have To Hold Your Job Open
Under Colorado workers’ compensation law, your employer is not required to hold your job open for you or to provide you with a different job. You may be able to reserve your job for a short time under FMLA, but there is no guarantee that the employer will hold your job on a long-term basis. This may seem unfair, since you were injured while working for the employer, but the employer is allowed to replace you.
It is important to know all your rights under workers’ compensation. By talking with a workers’ compensation lawyer, you can take full advantage of the rights you do have. At the Eley Law Firm in Denver, attorney Cliff Eley has more than 30 years of experience representing injured workers.
Your employer may offer vocational rehabilitation.
When an employer or insurance carrier offers vocational rehabilitation benefits, asks you to participate in a vocational rehabilitation evaluation, or brings you back to work within your restrictions, your failure to accept could have an effect on your possible benefits.
Your employer may offer you a job suited to your physical limitations. If you refuse the job, you probably will not be able to collect permanent total disability benefits. The exception is if the job is “sheltered employment” or make work that isn’t available in the general job market. Then a judge could still award permanent total disability if you can return to any work generally found in the job market.
If you are able to work part time and your employer offers you a part-time position, your workers’ compensation benefits will be adjusted to fit your part-time status.
Do not risk your benefits because you misunderstood the law or because your employer or insurance adjuster did not explain your rights.