Late filing for CA SDI after employer denied private short-term disability - still possible?

You need to file for State Disability Insurance (SDI) immediately! The usual deadline is 49 days from when you became disabled, but EDD can accept late claims if you have "good cause" for filing late. Being misinformed by your employer definitely counts as good cause. Make sure you explain the situation exactly as you did here when you file your claim through SDI Online. You'll need your doctor to submit the medical certification as well. The sooner you file, the better chance you have of being approved despite the delay.

wait this sounds like workers comp not disability if u were injured AT WORK. disability is for non-work related stuff usually. did ur company file a workers comp claim???

THIS IS EXACTLY why I hate how companies handle disability claims!!!! They don't explain ANYTHING properly and then YOU get stuck with the consequences. This happened to my brother last year and he ended up with NO INCOME for 2 months because of the delays and confusion. Your employer should have been CLEAR from day one about which program you needed to file with!!! The whole system is designed to make you give up. DOCUMENT EVERYTHING from now on - every conversation with HR, every phone call, EVERYTHING.

The previous commenters are partially correct, but there's an important distinction here. If you were injured while performing your job duties, that would typically be covered by Workers' Compensation, not SDI. However, if your employer is directing you to apply for state disability instead, you should do both of the following: 1. File for State Disability Insurance (SDI) immediately through SDI Online (www.edd.ca.gov/disability) 2. File a Workers' Compensation claim form (DWC-1) with your employer For the SDI claim, you'll need your doctor to complete a new medical certification form (DE 2501) specifically for EDD. Your existing medical paperwork for your company's insurance won't transfer over. Importantly, if your Workers' Compensation claim is ultimately approved, you would need to repay any SDI benefits you received for the same period. But filing both protects you while everything gets sorted out.

i went thru something similar but with pregnancy disability. company kept saying they'd handle it then suddenly i was supposed to file with state myself. so annoying!

Hey, just want to throw this out there - when you need to call EDD SDI to check on your claim status (which you probably will), use Claimyr if you don't want to waste hours redialing. It got me through to an actual EDD rep in about 25 minutes when I was dealing with a similarly confusing situation. Their site is claimyr.com and they have a video demo at https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd showing how it works. Saved me a ton of headaches when I needed to explain my late filing situation.

You have to file for workers compensation NOT disability!! If you got injured at work while performing your job, that's workers comp. Your employer is required by law to provide workers compensation insurance. They seem to be trying to avoid a workers comp claim by sending you to SDI, which is inappropriate. Talk to a workers comp attorney right away - most offer free consultations.

Quick update on timing: For SDI, you technically have 49 days from your disability date to file, but they can accept late claims with "good cause" (like being misinformed by your employer). For Workers' Compensation, you generally have 30 days to report your injury to your employer and 1 year to file a claim. Since you've already reported the injury, you should still be within your rights to pursue Workers' Comp. File both claims ASAP and let the systems work out which one is appropriate.

call ur doctor asap, they need 2 fill out different forms for state disability vs private insurance

Just to add to what everyone else said - if your employer is trying to avoid a workers comp claim by pushing you to SDI, that could potentially be considered insurance fraud. They're required to report workplace injuries to their workers comp carrier. Don't let them bully you into the wrong process just because they don't want their premiums to go up!!

I work in HR at a mid-sized company and want to add some perspective here. What your employer did is unfortunately common but totally inappropriate. When an employee gets injured on the job, the employer should immediately provide you with a DWC-1 (workers comp claim form) and report the injury to their workers comp carrier within 5 days. The fact that they initially processed it through their private STD insurance and are now trying to redirect you to state disability sounds like they're either confused about their legal obligations or trying to avoid a workers comp claim. You absolutely should file both claims as others have suggested, but also document every interaction you've had with HR about this injury. If they continue to resist providing workers comp forms or reporting your injury, you can file directly with the state at www.dir.ca.gov. Don't let them make you feel like this is your fault - they should have guided you correctly from day one.

This is such a frustrating situation and unfortunately way too common. As someone who went through a similar runaround with my employer last year, I want to emphasize what others have said - you absolutely need to file BOTH claims immediately. Your employer's handling of this is completely inappropriate and potentially illegal. Here's what I'd recommend doing TODAY: 1. File your SDI claim online at edd.ca.gov/disability - explain the employer misinformation as your good cause for late filing 2. Request a DWC-1 form from your employer in writing (email so you have documentation) 3. Contact your doctor to complete the DE 2501 form for SDI 4. Consider consulting with a workers comp attorney - many offer free consultations The fact that your employer initially processed this through their private STD insurance and then suddenly changed course is a huge red flag. They're legally required to report workplace injuries to their workers comp carrier within 5 days. Document every single interaction you've had with HR about this - dates, times, who you spoke with, what was said. Don't let them make you feel like you did something wrong here. You followed their guidance in good faith and they failed in their legal obligations. You still have time to fix this, but act fast!

I'm sorry you're going through this - it sounds incredibly stressful to deal with an injury AND confusing bureaucracy at the same time. Based on what everyone else has shared, it really does sound like your employer dropped the ball here. A work-related back injury from lifting inventory should definitely have been handled as workers comp from the beginning. I'd echo what others have said about filing both claims immediately, but I also want to mention that you might want to keep records of any lost wages or medical expenses you've incurred during this delay. If it turns out your employer was supposed to handle this through workers comp all along, you may be entitled to compensation for the time and financial stress caused by their mistake. Also, don't be afraid to ask questions when you're filing - both the EDD and workers comp offices deal with confused situations like this regularly. You're not the first person whose employer has mishandled an injury claim, and you won't be the last. The important thing is that you're taking action now to protect yourself. Hang in there - it sounds like you have a strong case either way, especially with documentation of your employer's conflicting guidance.

I went through almost the exact same thing two years ago when I hurt my shoulder at my warehouse job. My employer kept bouncing me between their private insurance and telling me to file with the state, and I ended up going almost 2 months without any income while they figured it out. Here's what I learned from that experience: 1. File BOTH claims immediately - don't wait for your employer to clarify anything else 2. When you file the SDI claim, be very specific about the employer misinformation in your explanation for late filing 3. Keep calling/emailing HR for the DWC-1 form - if they don't provide it within a few days, you can file directly with the state 4. Get everything in writing from now on - follow up phone conversations with emails summarizing what was discussed The good news is that "good cause" for late filing covers situations exactly like yours. The EDD understands that employers sometimes give wrong information, and they won't penalize you for following bad guidance from your company. Also, if this does end up being a workers comp case (which it sounds like it should be), workers comp typically pays more than SDI and covers your medical expenses too. Don't let your employer's confusion cost you the benefits you're entitled to! You've got this - just start filing those claims and protect yourself. The system is designed to help people in situations like yours, even when employers mess up the process.