Work injury - confused if I need SDI or workers' comp? Employer not responding

This is definitely a workers' compensation situation, not SDI. Since your injury happened AT work, workers' comp should cover your medical treatment and provide temporary disability payments. SDI specifically excludes work-related injuries that are eligible for workers' comp. Your employer should have given you a DWC-1 claim form within 24 hours of reporting your injury. If they didn't, that's a problem. You can download one from the California DWC website, fill it out, and submit it to your employer right away - keep a copy for yourself with proof of submission. This formally opens your workers' comp claim. Call your employer's workers' comp insurance carrier directly if you can find out who they are (should be posted at your workplace). They can help move things along faster than waiting for HR.

I went thru this last yr. Your company is supposed to send u to their doctor not urgent care. They have 90 days to accept or deny ur claim. If u filed an accident report they should of giving u a claim # right then. Call the main number ask for there workers comp insurance name and # and call them directly. HR doesnt handle the claim the insurance does.

Your situation is frustrating but unfortunately common. To add to what others have said: 1. Do NOT file for SDI - your claim will be denied because work injuries go through workers' comp, not state disability 2. The law requires your employer to provide you with a Workers' Comp claim form (DWC-1) when they learn about a work injury 3. If your employer continues to be unresponsive, consider consulting with a workers' comp attorney (many offer free consultations) 4. Temporary disability payments through workers' comp should be approximately 2/3 of your regular wages 5. Keep detailed records of all communications with your employer about your injury When you submit your DWC-1, send it via certified mail or email so you have proof of receipt. The insurance company should contact you within a few days after that.

I had SUCH a hard time getting through to my workers comp adjuster when I got hurt. They NEVER answer the phone and took DAYS to return my messages. I finally used Claimyr to reach someone (claimyr.com) - they connected me directly to an actual person at the workers comp office instead of waiting forever. Their video shows how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Once I got through, things moved way faster with my claim. Just an option if you keep hitting walls trying to get answers!

Hi there, I'm a claims specialist and wanted to clarify a few things about your situation: 1. You're correct that this is a workers' compensation issue, NOT an SDI claim. 2. Your employer has a legal obligation to provide you with a DWC-1 claim form and medical treatment. Their failure to do so could result in penalties. 3. For work-related injuries, temporary disability benefits should begin within 14 days after your employer learns you're losing wages because of the injury. 4. These benefits are typically 2/3 of your average weekly wage (subject to minimum and maximum amounts). 5. If your employer is being unresponsive, you can contact the Division of Workers' Compensation Information and Assistance office in your area for help. They provide free information and assistance. It's concerning that your employer isn't responding. Document everything - dates/times of calls, who you spoke with, etc. This documentation will be important if your claim is delayed or denied inappropriately.

Im so sorry your going through this!! My husband hurt his back at work last year and his company tried to avoid filing workers comp too. It was a NIGHTMARE!!! You absolutely CANNOT file for state disability- it will be automatically rejected for work injuries. You need to be super aggressive with HR - call them everyday, email them, go in person if you can. Sometimes they drag there feet hoping you'll just give up. DON'T GIVE UP!!! This is your right as an injured worker!!!

something similar happened to me back in 2023... my employer "lost" my paperwork twice and I ended up having to pay for urgent care out of pocket initially! the system is so broken. make sure you keep copies of EVERYTHING and take pictures of any forms before you submit them to your employer.

Update us on how things go! If your employer continues to be unresponsive, you may need to escalate this matter. The California Division of Workers' Compensation has an Information & Assistance Unit that can intervene. They can be reached at 1-800-736-7401. Also, just to reiterate because it's important: temporary disability payments through workers' comp are different from SDI. Workers' comp TD payments are approximately 66.67% of your average weekly wages (with minimum and maximum limits) and are tax-free. The first 3 days are not paid unless you're off work for more than 14 days or hospitalized.