Legal Question in Employment Law in California

Re: Can my position be eliminated if I'm on workman comp?

A company may not retaliate against you for filing a worker's compensation claim. That doesn't mean they will not do so. The company is also required to accommodate your condition to allow you to work with accommodations. Companies have lawyers advising them, and most human resources departments have employees who have received some training on limiting the company's legal liability. That usually means that if the company wants to fire you, they will try to do so in a way that will make it appear that you were fired for legal reasons. That is why it is a good idea to consult with an attorney while you are still employed. Even if you don't talk to an attorney, be sure to document what happens at work. If you believe you are not being treated fairly, send a written complaint -- it can be done informally by email, you just want a record that you have informed the company.

Finally, if you are working at a place where you are afraid you will be fired for filing a workers comp claim, you are probably better-servied by looking for a job elsewhere.