Can my husband file for EDD SDI retroactively for work injury from 2025?
My husband injured his back lifting heavy equipment at his warehouse job back in February (3 months ago). His employer put him on workers' comp, but he's only getting these tiny monthly payments that barely cover our rent. The workers' comp doctor finally cleared him to return to work last week, but we're drowning in credit card debt from these past 3 months. Someone at his job mentioned he might have been eligible for state disability (SDI) on top of workers' comp? Is this true? Can he still apply for disability benefits retroactively even though he's already back at work? The workers' comp payments were only about 60% of his normal income and we're desperate to catch up on bills. Any advice would be so appreciated!
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Miguel Hernández
Unfortunately, your husband probably can't receive SDI benefits for a work-related injury. When an injury happens at work, it's covered by workers' compensation, not state disability. They're two separate systems, and you generally can't collect from both for the same condition at the same time. The workers' comp system is designed to be the exclusive remedy for work injuries.
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KylieRose
•Oh no, that's really disappointing. We're so behind on everything. His supervisor made it sound like he could get both. Is there any exception to this rule?
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Sasha Ivanov
my cousin got both workers comp AND sdi last year!!! you totally can but you have to apply within like 45 days or something. just go to the edd website and file, worst they can say is no right?
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Liam Murphy
•This information is actually incorrect and could cause problems. Filing for SDI for a work injury when you're already receiving workers' comp could potentially be considered fraud. There are very specific circumstances where someone might receive both, but they're extremely rare and usually involve separate conditions.
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Amara Okafor
I went through something similar with my husband last year. Soooo stressful dealing with all the paperwork while also trying to pay bills! Sending you good vibes! ❤️
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CaptainAwesome
To directly answer your question: No, your husband cannot retroactively file for SDI benefits for a work-related injury that was covered by workers' compensation. Here's why: 1. California law establishes workers' compensation as the exclusive remedy for work injuries 2. SDI specifically excludes any disability period for which workers' compensation benefits are paid 3. The filing deadline for SDI claims is generally 49 days from the date of disability onset, which you've already passed In rare cases where workers' comp is denied or delayed, SDI can sometimes provide temporary benefits, but those would need to be repaid once workers' comp payments begin. Also, if your husband had separate, non-work-related conditions occurring simultaneously, those might qualify for SDI. If you're struggling financially, I'd recommend looking into: - Supplemental Nutrition Assistance Program (SNAP) - Emergency rental assistance programs through your county - Utility assistance programs - Credit counseling services to help manage the debt
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KylieRose
•Thank you for such a detailed explanation. I appreciate you taking the time to explain everything so clearly. We'll definitely look into those other assistance programs. Do you know if there's any way to negotiate a higher workers' comp payment? The amount he's getting seems really low compared to what he normally makes.
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Yuki Tanaka
The workers comp system is A JOKE!!! They deliberately pay you as little as they can get away with and hope you don't know your rights. When I got hurt at work in 2024 they tried to give me 55% of my normal pay and I had to FIGHT for months to get what I deserved. The whole system is RIGGED against injured workers!!!!!
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Esmeralda Gómez
•i know right? my brother in law broke his leg at a construction site and workers comp took forever to even approve his claim. system is totally broken
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Liam Murphy
One thing worth checking is whether your husband's workers' comp settlement was calculated correctly. Workers' comp should generally pay around 66.67% of average weekly wages (tax-free), with minimum and maximum limits. If he's only getting 60% as you mentioned, it's possible there was a calculation error. I'd recommend contacting the Division of Workers' Compensation (DWC) Information and Assistance office. They provide free information and can help verify if your husband is receiving the correct benefit amount. Visit the DWC website or call their info line at 1-800-736-7401. If you're having trouble getting through to DWC by phone (which is common), you might want to try Claimyr.com - they help people connect with California state agency representatives without the endless hold times. They have a good demo video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Also, check if your husband might be eligible for a supplemental job displacement benefit if he can't return to his original job duties.
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KylieRose
•Thank you so much for this advice! I didn't realize there was a standard percentage for workers' comp. His HR person just told him "this is what you get" and we didn't know to question it. I'll definitely look into that Claimyr service - we've been trying to call different agencies for weeks with no luck. I appreciate the help!
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Klaus Schmidt
just wondering has anyone tried applying for disability after workers comp ended? my situation is kinda different but im dealing with ongoing issues after my claim closed
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CaptainAwesome
•Yes, it's possible to apply for SDI after workers' comp ends IF you still have medical limitations preventing you from working AND you have a different condition or your original condition has worsened beyond what was covered in your workers' comp case. You would need new medical documentation specifically for SDI showing you have a qualifying disability. Just be aware that there can be scrutiny if it appears to be the same condition that was covered by workers' comp.
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Miguel Hernández
Since your husband is already back at work, you might want to look into debt consolidation or hardship programs with your credit card companies. Many credit card issuers have hardship programs they don't advertise but will offer if you call and explain your situation. They can sometimes reduce interest rates, waive fees, or create affordable payment plans. Regarding any potential additional workers' comp benefits, if your husband received a final rating for his injury that was less than 100% recovery, he might be entitled to a permanent disability award that would provide additional compensation.
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KylieRose
•I hadn't thought about contacting the credit card companies directly. That's a good idea. His doctor did say he had some permanent limitations with heavy lifting, but I don't think anyone mentioned a permanent disability award. I'm going to look into both of these suggestions. Thank you!
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