Your Job After an Injury with Gary Benson
After a serious injury, one of the biggest worries is work: Can I keep my job? How will we pay the bills while I recover? In this episode of Unthinkable, Kyle Bachus talks with Gary Benson, a Colorado employment attorney with 36 years of experience, about the protections available to injured workers and their families.
Colorado’s FAMLI Program
Since 2024, Colorado workers have been able to receive paid family and medical leave through the state’s FAMLI program. Eligible workers can get up to 12 weeks of paid leave a year, or up to 16 weeks for pregnancy complications, at up to 90% of their average weekly wage, subject to a cap that adjusts each year. Leave can be taken in pieces, such as for medical appointments, and can be used to care for yourself or a close family member, for both physical and mental health conditions.
Just as important: if you’ve worked for your employer for at least six months, your job is protected, no matter how small the company. Benson says firing someone while they’re on this leave is now the most common violation he sees, often by small businesses. Willful violations can mean back pay, double damages, and attorney’s fees.
Returning to Work With Accommodations
Under the Americans with Disabilities Act and the Colorado Anti-Discrimination Act, employers must work with you to find reasonable accommodations, such as lifting restrictions, equipment, a different position, or a few more weeks of leave. Simply refusing to have that conversation is a violation of the law. What’s reasonable depends on the size of the employer.
Speak Up, in Writing
Employers generally can’t ask about disabilities, so it’s up to the employee to ask for accommodations. If you never ask and then struggle to perform, it becomes much harder to bring a claim. Benson understands that many people fear losing their job if they disclose a condition, which is why talking to an employment lawyer can help you decide how to approach it. His advice: document everything.
Key Takeaways
- FAMLI provides paid leave and job protection for many Colorado workers after a serious injury or illness.
- If you need accommodations to return to work, ask for them, and put it in writing.
- Employment law is a specialty. Talk to an experienced employment attorney about your situation.
Ways to Listen
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