Legally, you cannot be fired simply because you pursuing a workers' compensation claim, even after it is settled. This is unlawful discrimination under Labor Code Section 132a. It is not uncommon to receive a "cold shoulder" from supervisors; however, unless action is taken against you, such as termination or a reduction in hours unrelated to any work restrictions, there is not much to do about it. Often, having an attorney in your corner will help protect you, but there is no guarantee.
You asked how does one settle? That question is complicated, but pay attention to the notices you get from the insurance company, and what your treating doctor says about your condition when you become permanent and stationary. If your doctor says you have recovered with no need for any further treatment and that you have no permanent impairment, and you agree, then there may not be any further "settlement." If you disagree, then you have the right to seek the opinion of a Qualified Medical Examiner. This process is complicated, and at that point I really recommend consulting with a reputable workers' compensation attorney. An attorney can't charge you for such a consultation, but should help you determine what action you can take, and the attorney may also determine that you don't need an attorney. I recommend seeing an attorney who has been certified as a workers' compensation specialist by the California State Bar Board of Legal Specialization.
Answered on Apr 28th, 2013 at 6:55 PM