Can I Be Fired for Filing a Workers’ Compensation Claim in Colorado?

 Posted on October 22, 2025 in Workers' Compensation

In Colorado, you have the right to file a workers’ compensation claim if you are hurt on the job. The law also protects you from retaliation. These protections exist to make sure you can get medical care and wage replacement without worrying about losing your job. If you think your employer treated you unfairly after you filed a claim, you may have legal options. A Larimer County, CO workers’ compensation lawyer will help you understand your rights and the steps you can take to hold your employer accountable.

Is It Legal To Fire Someone for Filing a Workers’ Comp Claim in Colorado?

Colorado law specifically protects employees who file workers’ compensation claims. Under Colo. Rev. Stat. § 8-43-408, it is illegal for an employer to fire, demote, or discriminate against you for exercising your right to seek benefits. This law helps prevent retaliation when you are trying to recover from a legitimate work injury.

However, your employer can still terminate your employment for reasons unrelated to the claim. The key question is whether your firing happened because you filed the claim. If the timing seems suspicious or the employer’s reason doesn’t add up, that could indicate retaliation. The first step is to recognize the signs.

What Does Employer Retaliation Look Like?

Retaliation can take many forms. There are often signs before termination even occurs. Common examples include:

• Reduced work hours or unfavorable schedule changes

• Sudden negative performance reviews

• Pressure to drop or "settle" your claim early

• Exclusion from meetings or assignments

Of course, the most obvious sign is termination immediately or soon after your injury. If you experience any of these actions, it may violate your rights under Colo. Rev. Stat. § 8-43-305, which allows penalties when an employer interferes with or discourages a valid claim.

Legitimate Reasons an Employer Might End Employment After Injury

Sometimes, employers make personnel changes that are not considered retaliation. For example, your job could end if a medical provider determines you cannot perform essential duties, and no modified position is available. Employers may also lawfully terminate an employee for unrelated performance issues, layoffs, or misconduct.

Still, Colo. Rev. Stat. § 8-42-103 requires temporary disability payments to be made to injured employees if they cannot return to work while recovering. Even if your position ends, you may continue receiving benefits until your doctor releases you or you find suitable work.

What To Do if You Believe You Were Fired for Filing a Workers’ Comp Claim

If you think you were fired in retaliation, it is important to act quickly. Write down details about what happened, including dates, comments, and any witnesses. Keep copies of your injury report, claim paperwork, and communication with your employer.

You can file a complaint with the Colorado Division of Workers’ Compensation or take legal action to recover lost wages, reinstatement, and additional damages. We can help you gather evidence. We will also deal with the insurance company for you and represent you before the Division or in court.

Contact a Fort Collins, CO Workers’ Compensation Attorney Today

Suffering an injury at work is not a reason to fire someone. If you believe your employer retaliated against you for filing a workers’ compensation claim, we can help. Attorney Darby Hoggatt is an active member of both the Colorado Trial Lawyers Association and the Workers’ Compensation Education Association. He is serious about protecting injured workers across Northern Colorado and can help you build a case against your employer.

Call 970-225-2190 to schedule a free consultation with a Larimer County, CO workers’ compensation lawyer at Hoggatt Law Office, P.C. today. Se Habla Español.