Workers' Comp vs. EDD SDI: Can I switch my claim or apply for both?

You can't really double-dip between workers comp and SDI. If your injury happened AT work, it's specifically a workers comp issue, not a state disability issue. Going the SDI route when it's clearly a workplace injury might cause problems. I'd keep pushing on the workers comp claim - they're notorious for delaying in hopes people give up. Have you considered getting a workers comp attorney? Many will take cases on contingency.

Thanks for the info. I didn't know that workers comp and SDI were mutually exclusive like that. I just need SOME kind of income while I'm healing. I'm getting desperate enough to consider a lawyer. How long did your workers comp claim take to process?

When this happened to my brother-in-law, he DID apply for SDI as a stopgap measure. BUT he had to indicate on the SDI application that the injury was work-related and that a workers comp claim was pending. I think they approved him for SDI temporarily but then he had to pay it back once workers comp finally kicked in (they backdated his payments).

This is dangerous advice. While technically you CAN apply for SDI with a work-related injury, you MUST disclose it's work-related on the application. The EDD will likely put your claim under investigation, and as the previous commenter mentioned, you'll need to repay any SDI benefits once workers' comp is approved. It's not a simple

I didnt say dont disclose!! I specifically said he disclosed it was work related. Just sharing what happened with my BIL, not giving advice!

Workers' compensation and SDI serve different purposes, and this is actually a common area of confusion:\n\n1. Workers' Comp: For injuries/illnesses that occur AT work or are directly caused by your job\n\n2. SDI: For non-work-related disabilities that prevent you from working\n\nYou need to pursue workers' comp for a workplace injury. If your employer's insurance is delaying, there are specific steps you should take:\n\n- Contact the California Division of Workers' Compensation (DWC) to file a complaint\n- Consider a workers' comp attorney (many offer free consultations)\n- Request a status update from the claims adjuster in writing\n\nFilings for SDI when you have a clear workplace injury can potentially be considered fraudulent unless you properly disclose the work-related nature, and even then it can create complications later.

This is really helpful, thank you! I didn't realize there was a specific division I could complain to about the delays. I'll try contacting the DWC tomorrow. Do you know if there's a time limit for how long the insurance company can take to accept/deny a claim?

i HAD THE SAME ISSUE last year!!! workers comp is the WORST!!! took almost 2 months to get approved and then they tried to send me back to work way too early. my doc said 8 weeks but they wanted me back in 4. total nightmare honestly

2 months?! I can't go 2 months without income. Did you have any way to cover bills during that time? That's exactly why I was looking into SDI as a backup.

Have you tried calling the workers comp insurance company directly? Sometimes employers don't follow up properly or file the right paperwork. When I had my work injury last year, I finally got through to someone at the insurance company and found out my employer hadn't sent in all the required forms. That's why there was a delay.

I've been trying! I keep getting bounced around between different departments and put on hold forever. My employer gave me a claim number but whenever I call, no one seems to have any information on my case. So frustrating!

I had a similar situation with an endless loop of trying to contact my workers' comp adjuster. After weeks of frustration, I found Claimyr.com which helped me actually get through to a real person. They have a service that helps you connect with claims departments without the endless hold times. Completely changed my experience - was able to get my claim status updated and found out exactly what was causing the delay. They have a video that shows how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd\n\nRegarding your original question though - I did learn that going the SDI route for a clear workplace injury is really not recommended unless you're very careful about disclosing everything correctly.

does this actually work?? ive never heard of this before but i mite need it for my follow-up claim

It worked for me! I was skeptical at first but I had spent literally hours on hold over several days and was desperate. Got through to an actual claims adjuster who could access my file within about 20 minutes.

This whole system is RIGGED against workers!! My cousin had the exact same issue and ended up losing his apartment because workers comp took so long. The insurance companies DELIBERATELY delay claims hoping you'll just give up. It's disgusting how they treat injured workers. And then your employer starts pressuring you to come back before you're healed because their premiums go up. The whole thing is a scam.

While there can certainly be frustrating delays, there are also legitimate reasons claims get reviewed carefully. The system isn't perfect, but characterizing it as deliberately rigged isn't accurate. Workers' comp fraud (by both employees and employers) is a real issue that affects everyone's premiums and processing times. The insurance companies are required by law to make a determination within specific timeframes.

Found the insurance company employee! 🙄 Keep defending a broken system that prioritizes profits over injured workers.

To specifically answer your original question: No, you should not apply for SDI if you have a clear workplace injury - that's what workers' comp is for. Instead:\n\n1. Follow up with your employer to ensure all paperwork was submitted correctly\n2. Contact the workers' comp insurance carrier directly (daily if necessary)\n3. Contact CA Division of Workers' Compensation at 1-800-736-7401 for assistance\n4. Consider consulting with a workers' comp attorney (free consultations)\n5. Document EVERYTHING - all communications, medical visits, etc.\n\nIn California, the insurance company must accept or deny your claim within 90 days, but they should make a decision much sooner than that (typically 14-90 days depending on circumstances). If you're having serious financial hardship during this time, some attorneys can help with referrals to emergency assistance programs.

Thank you for the detailed advice! I'll start documenting everything better and will call that Division of Workers' Comp number tomorrow. I had no idea there were resources like that available. This whole system is so confusing to navigate.