Can I collect California EDD unemployment after a workers' comp settlement?

This is really helpful, thank you. The settlement was structured with separate allocations for medical care, permanent disability, and some future medical. There wasn't a specific 'wage replacement' line item. Does that change anything?

That structure is actually quite favorable for you. Without an explicit future wage replacement component, EDD is less likely to treat any portion of it as income that offsets your UI benefits. File your claim and be honest on the application about your separation - list it as layoff/position eliminated. The workers' comp history will likely trigger some review but shouldn't disqualify you.

just to add - permanent disability payments from workers comp ARE treated differently than UI benefits. they can sometimes overlap but you need to disclose everything when you file

Six weeks is a long time but at least it was approved. Did they ask for documentation of the settlement or just ask questions over the phone?

They asked for a copy of the workers' comp settlement agreement and my doctor's return-to-work clearance. I sent those through the UI Online document upload portal and things moved pretty quickly after that.

wait they can ask for your settlement paperwork?? that seems super invasive honestly

They can request documentation relevant to your claim. The settlement agreement helps them determine whether any portion was for future wage loss. It's just part of the adjudication process for complex separations.

I've been trying to get through to EDD for three days straight and can't get past the automated system. Going to look into this, thanks.

same, edd phone lines are basically impossible. i'll check out that video

Does Claimyr work for people who haven't filed yet? Like can they help you get questions answered before submitting the initial claim?

Yes from what I understand they connect you to general EDD agent lines which can handle pre-filing questions too. The agent I spoke with was able to walk me through my situation before I submitted anything.

I don't see any 'no rehire' language or voluntary separation language in my settlement. It's purely a release of workers' comp claims, medical, and disability. Nothing about employment status.

then you're in a good position. the separation reason is clean - position eliminated = involuntary layoff essentially. file the claim.

This is a great point about C&R vs. Stipulated. Also worth noting that a Compromise and Release closes out ALL future claims against the employer under workers' comp - it doesn't affect unemployment eligibility on its own, only if there's language tying it to voluntary separation.

This is exactly what I'm worried about. Delays on top of delays. I literally cannot afford 8-10 weeks without income.

I feel you. I had to borrow money from family while waiting. Eventually got approved and backpaid for all the weeks so at least there's that. Just certify every week even during adjudication so you get all your back pay.

yes this is critical - you must continue certifying for benefits every week even if your claim is in adjudication. if you stop certifying you won't get paid for those weeks even after approval

For the OP's situation I'd select 'Lack of Work' or 'Layoff' as the separation reason since the position was eliminated. There should be a place to explain circumstances in more detail. Don't try to fit it into 'medical' categories - the employment separation was a layoff, the workers comp piece is a separate thing.

Agreed. The separation from employment is what matters for the UI eligibility question. The workers' comp history is relevant context but the actual reason you're no longer employed is position eliminated = layoff. Those are different things and should be treated as such on the form.

That actually clarifies my situation too, thank you. I kept overthinking which category to pick.

Really good to know from the employer side. My former employer was actually cooperative throughout the workers' comp process so hopefully they'll confirm the position elimination accurately.

Most employers just report the facts. As long as there was no misconduct involved and the position was genuinely eliminated, they typically don't contest UI claims. Contesting adds cost and complexity for them too.

lol must be nice to have a cooperative employer. mine tried to fight everything at every stage

Important point. California EDD requires you to be able and available for full-time work OR work within your restrictions AND actively looking. Your job search must match your capabilities. So if you have light duty restrictions you should be applying for positions that fit those restrictions and documenting your search activities each week.

My doctor's clearance is for light duty with some specific lifting restrictions. So I'd document job searches for positions that fit those restrictions? That makes sense.

Exactly. Keep a detailed job search log with employer names, positions applied for, dates, and method of contact. EDD can audit your job search activities and you want solid documentation that your search is consistent with your medical restrictions.

yeah they randomly asked me for my job search log once and I was so glad I kept it updated

I tried calling EDD again this morning and got disconnected twice. Going to try Claimyr today. At this point I just need to talk to someone who can answer my specific questions.

I was skeptical about these phone services but a friend used it for her EDD issue and said it worked. Might try it myself.

Getting through to EDD before filing on a complicated case is genuinely valuable advice regardless of how you do it. The phone agents can flag issues in your situation that prevent adjudication delays.

Stipulated Award with continued employment is a very different situation - you'd only be looking at UI if your hours were reduced enough to qualify for partial unemployment benefits. That's a separate question from the OP's situation.

Yeah I figured it was different, I just got reminded of my own confusion reading this thread. Thanks for the clarification.

Partial UI is actually a thing in California if your hours are reduced significantly. Might be worth looking into if your modified duty came with reduced hours.

This is something I hadn't even thought about. My injury happened almost two years ago so my wage history during the base period is all messed up from the leave. What is the alternate base period process exactly?

When you file your claim EDD will first check if you qualify using the standard base period. If you don't, they're supposed to automatically check the alternate base period. But it's worth mentioning your work history circumstances when you file so they're aware. You can also call to request they evaluate the alternate base period if your initial claim shows low or no qualifying wages.

This is a really important point for anyone coming off extended medical leave. The alternate base period can be the difference between qualifying and not qualifying for UI benefits. Definitely mention your leave period when filing.

How many weeks did your adjudication take if you don't mind sharing?

about 8 weeks from filing to first payment. longest 8 weeks of my life lol but the backpay was a decent amount so worth sticking it out

8 weeks is actually faster than some people I've talked to. My workers comp adjacent case took 11 weeks in adjudication. edd really needs more staff

The appeals process (through the California Unemployment Insurance Appeals Board - CUIAB) does have different adjudicators and a more formal review process. That said, for a clean case like the OP's described - position eliminated, cleared to work, C&R settlement without voluntary separation language - the initial determination should go fine. Appeals are for when things go wrong.

yeah I'm just saying don't give up if it gets denied. edd denials are not final

Good to know there's an appeals option. Hopefully I won't need it but it's reassuring that denial isn't the end of the road.

Good luck! Make sure to keep certifying every week from the start and document your job searches.

Will do. Going to try calling EDD first to ask a couple questions - someone mentioned Claimyr in this thread so going to try that since the regular lines seem impossible.

Smart move. The video demo at https://youtu.be/JmuwXR7HA10 gives you a good sense of how the process works. Hope your claim goes smoothly.

The separation date for UI purposes is the date your employment relationship ended - not the workers' comp settlement date. These are legally separate things. Your employment separation could have happened months or even a year before your workers' comp case settled. Use the date your employer confirmed your position was eliminated or your last day of employment as the separation date.

oh that makes more sense. so you could theoretically have a gap of a year between your employment ending and your workers comp settling and you'd use the employment end date?

Correct. Though if a year passed since your employment ended and you're just now filing UI, you might run into issues with the benefit year timing. UI generally needs to be filed relatively promptly after separation. For the OP who just settled, it depends on when the actual employment separation happened.

My employment technically ended when my company notified me the position was eliminated, which was about 3 months ago. The workers' comp case just happened to settle around the same time but they were separate events.

Yes, ongoing workers' comp temporary disability or permanent disability payments need to be reported when certifying. One-time lump sum C&R settlements are handled differently - you typically report them once during the initial claim process but they're not weekly income to report on each certification. This is actually another good reason to call EDD before or shortly after filing to clarify what needs to be reported.

yeah the EDD agent I talked to said my ongoing PD payments needed to be reported and it did reduce my weekly UI amount slightly. better to know upfront than get an overpayment notice later

Overpayment notices are my nightmare scenario. I'd rather get less per week than deal with paying money back later.

I actually have an email from HR notifying me that my position was being eliminated as part of the restructuring. Would that be something to upload to my UI Online account?

Yes, absolutely keep that. You can reference it or upload it if EDD asks for documentation during adjudication. An official HR communication about position elimination is strong supporting documentation.

Seconding this - that email is gold. When I had to document my separation circumstances, having written communication from the employer made the adjudication much cleaner.

Upload everything relevant to your UI Online account proactively. Don't wait for EDD to ask. The settlement agreement, the return-to-work clearance, and that HR email together paint a very clear picture that should support a straightforward approval.

Great outcome - and that's exactly the kind of pre-filing clarity that prevents problems down the road. Good luck with your claim, continue certifying every week and keep that job search log current.

Congrats on getting through and getting answers. Keep us posted on how the adjudication goes.

This is so encouraging to read. Just filed my own claim an hour ago after reading this thread. Fingers crossed for both of us.

Good luck! Remember - certify every week no matter what, even if it says pending or in adjudication. That's how you get your backpay.