Fired after work injury - can I get EDD SDI while waiting for workers comp?

This EXACT thing happened to me last year!! You CANNOT get both workers comp and SDI at the same time - it's one or the other. But here's the messed up part - since your WC claim is already approved, EDD will probably deny SDI because they don't wanna pay if workers comp should be paying. The system is completely broken!!! My advice: DOCUMENT EVERYTHING. Every call, every attempt, every day without pay. You might need it for a lawyer later.

Actually, there is a specific situation where you might qualify for SDI while waiting. If your workers' comp temporary disability payments are delayed or denied, you can apply for SDI as a safety net. You'll need to explain on your application that your workers' comp benefits haven't started yet. If SDI approves your claim, you'll receive benefits, but you'll need to repay SDI if/when you later receive workers' comp payments for the same period. It's essentially a loan to bridge the gap. You'll need to complete the regular SDI application and have your doctor complete the medical certification (DE 2501). Make sure to indicate it's a workers' comp case with delayed benefits.

no u wont get both at same time. SDI is like a advance that u have to pay back when workers comp finally pays u. its kind of a loan but at least u get money while waiting. i did this 2 yrs ago when my work comp adjuster went on maternity leave and nobody was handling my claim for like 2 months

I went through this exact situation in 2024. You absolutely can apply for SDI while waiting for workers' comp, but you need to be very clear on your application that your workers' comp claim has been approved but benefits haven't started yet. The key form you need is called a "Notice to State Disability Insurance" (sometimes called a Notice to SDI of Workers' Compensation Benefits). This form tells EDD that you're entitled to workers' comp but payments haven't started. Your SDI benefits will be considered a loan. One major issue - you need to get through to EDD on the phone to explain this situation properly. After trying for weeks with no success, I used a service called Claimyr (claimyr.com) that got me connected to an actual EDD representative within about 20 minutes. They have a video demo here: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. It was honestly the only way I got my issue resolved - and it sounds like time is critical for you right now.

When I got hurt at work my WC adjuster was awful too!!! Have you tried contacting the insurance company supervisor? Sometimes workers comp delays are illegal depending on your state. You might want to file a complaint with your state's workers comp board too, that lit a fire under my adjuster real quick lol

The others have given you good advice about the SDI option as a bridge, but I'd also recommend taking two other immediate steps: 1. Contact your state's Workers' Compensation Appeals Board to file a formal complaint about delayed benefits. In most states, there are strict timeframes for when benefits must begin after an accepted claim. 2. Consider consulting with a workers' compensation attorney. Many offer free consultations, and they can often help expedite delayed benefits. Their fees are typically paid as a percentage of your settlement, not upfront. Regarding SDI: Yes, you can apply while waiting, but you must be crystal clear that you have an approved workers' comp claim with delayed payments. If you receive workers' comp back payments, you'll need to reimburse SDI for any overlapping periods. Make sure you keep detailed records of all benefits received and when. The medical certification for SDI needs to be completed by the same doctor handling your workers' comp claim to ensure consistency in your medical documentation.

One more thing - when you do apply for SDI, make sure you answer "yes" to the question about whether you're receiving or filed for other benefits. Then select "workers' compensation" from the options. There should be a section where you can explain that benefits have been approved but not paid. This is critical for processing your claim correctly.

Based on your last comments, it sounds like you're going to try the SDI route while waiting. Just to clarify on the repayment question: Yes, you will need to repay the full amount of SDI benefits that overlap with any retroactive workers' comp payments you eventually receive. For example, if you receive $2,500 in SDI benefits for June, and then in July your workers' comp finally pays you $2,800 for June, you would need to repay the $2,500 to EDD. You keep the difference ($300 in this example). This is why documentation is absolutely crucial. Keep a detailed log of all benefits received, periods covered, and any communications with both EDD and workers' comp.

After you apply online for SDI, you'll likely need to speak with a representative to explain your situation fully. The online application doesn't have a great way to explain the workers' comp delay situation. When I used Claimyr to get through to EDD, I explained my situation to the rep, and they were able to add special notes to my claim about the workers' comp delay. That's what helped my claim get processed correctly.

@RandomPoster Yes, it got me through in about 20 minutes instead of spending days trying to get through on my own. I was skeptical at first, but my claim was time-sensitive and I couldn't afford to wait any longer. The EDD rep I spoke with was actually really helpful once I finally got through.

I'm dealing with a similar situation right now - work injury in April, approved workers comp claim, but still haven't seen a penny after 6 weeks. My adjuster keeps saying "it's being processed" but gives no timeline. One thing that helped me was getting a copy of my workers comp file from the insurance company. They're required to provide it within a certain timeframe (varies by state). Sometimes seeing what's actually in your file can reveal why there are delays - missing forms, medical records they're waiting for, etc. Also, if you do go the SDI route, make sure your treating doctor is aware of both claims. My doctor had to fill out slightly different forms for SDI vs workers comp, and having them coordinate helped avoid any conflicts in the medical documentation. Keep fighting this - the squeaky wheel gets the grease with these insurance companies!