Denver Workers Compensation Lawyer Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims
Denver Workers Compensation Lawyer Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims Injured workers who lose their job while treating for a work injury are entitled to lost wage benefits, called Temporary Total Disability. However the Colorado Legislature changed the law allowing employers to avoid paying lost wages to injured workers when they are “responsible� for their termination.
Denver Workers Compensation Lawyer Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims Until now, the burden to prove this allegation has rested squarely upon the employer. The employer must not only prove that the injured worker did – or failed to do – something that led to his or her termination – but that that it is was volitional on the part of the injured worker. For example if a worker is fired for being late to work three times in one week, the employee could show that the absences were caused by circumstances outside his or her control.
Denver Workers Compensation Lawyer Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims Nicholas Coleman worked as a housekeeper and suffered a low back injury in late 2014. However in February 2015 he was incarcerated for violating his parole and as a result stopped coming to work and was terminated. After his release in August 2015 he sought lost wage benefits. The employer denied claiming that Mr. Coleman was responsible for his termination.
Denver Workers Compensation Lawyer Appeals Office Shifts the Burden to Injured Workers in Responsible for Termination Claims Now, employers may simply be able show that a worker was fired in accordance to policy without showing that the worker acted volitionally. Then if the employee doesn’t provide an explanation, the employer will win. This case highlights another reason why injured workers need experienced and dedicated attorneys. Workers Compensation Law Changes weekly and you or your loved one needs an attorney who keeps up with these changes.