I have a workers comp injury for which I just had surgery. I am back at work and am a salaried employee for an insurance company that employees 4,000 people in diff parts of CA. I am doing my job fine but my injury has not been cured totally ( living & working with pain/discomfort). So, workers comp ins for company wants to settle this by getting rating about my injury and pay with med open. I am little hesitant in that my injury is ongoing ( but I am able to do my job though with pain & discomfort). I have shoulder injury and do work on computer ( typing & analysis). Would my taking money as settlement from WC have negative impact on my job/career? Can they let me go ( lay off) even if I have open WC claim? Considering economy right now, I do want to continue work that is why I came back quickly to work & I don't want to jeoperdize my job by taking money from WC if that kind of thing is considered by companies when they make lay off decisions. Anyone aware of emp discrimination, WC & human resources who can chime in on this? I would really appreciate the help.

Did/Do you have an attorney handling your WC claim? If not, why not? If you are trying to handle this yourself, you will more than likely be "pushed" around by the company.

Yes, I do have WC attorney. He does not answer my concern re; employement law. He is just telling me to settle with medical open. That is the only way he is going to get anything in this

Your attorney can't answer for your employer. He knows what your injury is and essentially what it is worth. If you are really worred about the company laying you off or firing you, I don't think an open WC claim would make any difference. If you are still working in pain but able to work, this may prove to be not in your favor versus stay at home since your injury has not properly healed. I worked for a WC insurance defense attorney and most claimants did not go back to work at the employer where they were injured at but took other jobs after being off work for a long time.

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Originally Posted by imlaw

Yes, I do have WC attorney. he does not answer my concern re; employement law. He is just telling me to settle with medical open. that is the only way he is going to get anything in this

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It seems that your lawyer is somewhat not giving all legal options available for you. Well, you can find another attorney who has more concern than your current attorney.

They can not fire you for the workers injury,

If they decide because of the injury you can not do your job, they may have the right to keep you off work due to the injury until you are well * if ever but his is only if you can not do the major funtions of your job.

But now they can legally review your application to see if you lied on anything, perhaps wrong on a date of employment, left off a place you worked part time and so on. And you could be fired for that, it would have nothing to do with the injurty, just happened to notice it.