By: Adam Smestad, Black Blink & Associates, 719-694-0578
One of the first questions injured workers often ask is:
“If I sue my employer, won’t I lose my job?”
It’s a fair question.
No one wants to choose between protecting their health and protecting their livelihood.
Fortunately, the law provides important protections, and in many situations, your employer cannot lawfully retaliate against you simply because you exercised your legal rights after a workplace injury.
Not Every Workplace Injury Is a Workers’ Compensation Case
Many people assume that every workplace injury is handled through workers’ compensation.
That isn’t always true.
Some workers—such as independent contractors or workers who are misclassified as independent contractors—may have the right to bring a negligence lawsuit against the person or company responsible for their injuries.
If that applies to your situation, you have the same right as anyone else to pursue compensation for injuries caused by another person’s negligence.
Colorado law recognizes negligence claims and the right of injured people to recover damages caused by another’s failure to exercise reasonable care. See C.R.S. § 13-21-111.
Exercising Your Legal Rights Should Not Cost You Your Job
Many injured workers worry that filing a lawsuit will automatically result in termination or other retaliation.
The reality is far more nuanced, but still not too complicated.
Colorado is generally an “at-will” employment state, meaning employers and employees may end the employment relationship for almost any lawful reason.
However, Colorado also recognizes an important exception: an employer generally may not terminate or retaliate against a worker for reasons that violate a well-established public policy.
The Colorado Supreme Court recognized this public-policy exception in Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992), holding that an employer may be liable when it terminates an employee for exercising rights protected by public policy.
Colorado appellate courts have also recognized wrongful-discharge claims when employees were terminated for exercising important legal rights or refusing to violate the law. See, for example, Rocky Mountain Hospital & Medical Service v. Mariani, 916 P.2d 519 (Colo. 1996) and Herrera v. San Luis Central Railroad Co., 997 P.2d 1238 (Colo. App. 1999).
Every Situation Is Different
It is important to note, however, that every adverse employment action is illegal, and determining whether retaliation occurred depends on the specific facts.
Questions may include:
- Are you legally an employee or an independent contractor?
- Why did the employer take the action?
- When did it happen?
- Is there evidence connecting the lawsuit to the employer’s decision?
These are often complicated legal questions that deserve careful evaluation.
Don’t Let Fear Keep You From Protecting Your Rights
One of the saddest situations I see is someone who delays seeking medical care or speaking with an attorney because they are afraid of upsetting their employer.
Unfortunately, waiting can seriously damage an otherwise strong case.
Evidence disappears.
Witnesses leave.
Medical records become harder to connect to the injury.
Insurance companies often point to delays in treatment or gaps in care as evidence that an injury wasn’t serious.
The earlier an attorney becomes involved, the sooner important evidence can be preserved and your legal rights protected.
The Bottom Line
If you have the legal right to bring a negligence claim against your employer, you should not let fear of retaliation stop you from learning your options.
Every situation is different, but Colorado law recognizes that workers should not be forced to choose between earning a living and exercising important legal rights.
Speaking with an experienced personal injury attorney does not mean you’re committed to filing a lawsuit.
It simply allows you to understand your rights before making an informed decision.
That conversation is often the best first step toward protecting both your health and your future.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink, & Associates LLC at 719-694-0578 now for a free consultation.
Sources
- C.R.S. § 13-21-111 – Comparative negligence and recovery for injuries caused by another’s negligence.
- Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992) (recognizing Colorado’s public-policy exception to the at-will employment doctrine).
- Rocky Mountain Hospital & Medical Service v. Mariani, 916 P.2d 519 (Colo. 1996) (recognizing a wrongful-discharge claim where termination violated a clearly expressed public policy reflected in professional ethical obligations).
- Herrera v. San Luis Central Railroad Co., 997 P.2d 1238 (Colo. App. 1999) (recognizing a public-policy wrongful discharge claim where an employee alleged retaliation for pursuing legal rights under the Federal Employers’ Liability Act).