Legal Question in Workers Comp in California

Your 'Work'?? The employer should not make offers on comp claims. The INSURANCE ADJUSTOR should propose any settlement. Will this employer fire you for settling your workers compensation claim?? That is possible but unlikely; accepting an offer to settle a workers comp claim is never grounds for termination, so the employer would be nuts to try that. IF the PHysician reporting on your work injury wrote you cannot perform all pre-injury work duties, then YES the employer can terminate you for being unable to perform the job for which you were hired (but you would get State Unemployment Insurance for such a termination).

If the Medical Report states you cannot return to all work duties without the surgery and you decline the surgery, then this employer can terminate you because they need a person who can perform all the work you used to do and you cannot do that.

IF you are performing all of your pre-injury work duties without any difficulty and the doctor wrote you are fully capable of doing your old job with no restrictions, and you want to take cash from the Insurer for surrendering your rights to possible future surgery, then Labor Code 132a states it is a misdemeanor crime for the employer to terminate you for seeking workers compensation benefits. LC 132a permits you to sue at the Workers Compensation Appeals Board for your job and back wages when an employer fires you as punishment for requesting/receiving workers comp benefits.