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Jamal Anderson

Can I get unemployment and workers comp at the same time? California EDD question

Hurt my back at work in September, got put on modified duty for about six weeks, and then my employer let me go saying they couldn't accommodate my restrictions anymore. Workers comp is covering my medical and I'm getting temporary disability payments from the workers comp carrier right now. But I'm also technically unemployed now since I lost my job entirely. My question is whether California EDD unemployment is even an option for me on top of the workers comp payments. I'm getting $340 a week from workers comp TD right now. Is that going to automatically disqualify me from filing a UI claim, or is it more complicated than that? I've looked around online and gotten really mixed answers.

Workers comp TD and unemployment at the same time — that's a genuinely tricky situation. The short version from what I know: EDD won't pay you for the same days you're already getting workers comp disability. You'd basically have to be able and available for work each week you certify for unemployment, which is hard to claim if you're on workers comp TD saying you can't work. Those two programs kind of cancel each other out when you're totally disabled.

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So does that mean I shouldn't even bother filing? Or should I file and let EDD sort it out?

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Filing doesn't hurt — EDD will figure out the overlap. But yeah, being on TD is basically saying you're not able to work, and unemployment requires you to say you ARE able to work every week. That's the conflict.

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Okay that makes a lot more sense now. The able and available thing is what I was missing.

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Lost my job while also dealing with an open workers comp claim last spring — right-shoulder rotator cuff issue, partial tear, been on TD for the payout side. I ended up phoning EDD through Claimyr (claimyr.com) because every time I tried calling myself I sat on hold until it cut off. Claimyr holds the line for you until a live agent picks up. Here's the video they have about reaching a live person at EDD: https://youtu.be/JmuwXR7HA10. I asked the agent whether my workers comp income needed to be reported when I certified, and she said yes, workers comp payments go in the wages section when certifying, and EDD decides how they affect each week's payment. She also said whether I'd be eligible at all depended on whether I was able and available for work, which is something only I could answer each week. She confirmed both my pending weeks from that period were still open and told me to certify for them once I had a determination.

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This is really helpful, the able and available thing keeps coming up. So you did end up certifying while on workers comp?

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Only for the weeks I was on light duty and genuinely could have taken other work if someone offered it. The weeks I was totally off I didn't, because I honestly wasn't able to work those weeks.

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Wait, you have to report workers comp on your certification? I had no idea it was on the list of stuff to report.

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Yeah, it's on the list. The agent was clear about that — report it, and EDD decides what it does to that week's payment.

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How is it even possible to be available for work if you're on workers comp restrictions? Serious question, not being snarky.

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Able and available for work — that's the key phrase here. If your workers comp doctor has cleared you for modified duty or any work at all, there's an argument you're available. But if you're on full TD meaning totally unable to work, you can't honestly say you're available, and EDD needs you to say that every week you certify. Those two things are really hard to reconcile unless your situation is somewhere in the middle.

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Mine is kind of in the middle right now. I'm on restrictions, not totally off work. Does that change things?

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Restrictions that still let you do some work could mean you're able and available for jobs within those restrictions. Worth telling EDD exactly what your restrictions are so they can make the call.

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This is the nuance that trips everyone up. It's not all-or-nothing.

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Can you even collect both programs at the same time, like literally simultaneously? My coworker told me you can stack them but I always thought that sounded off.

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EDD is pretty direct about this: you can't get unemployment and disability benefits for the same days. Workers comp TD is essentially disability — it's saying you're unable to work because of an injury. So no, they don't stack.

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Okay, that's what I thought. Guess my coworker was wrong.

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The coworker might be thinking of a situation where someone exhausts workers comp TD and then files for unemployment afterward. That's a different scenario and sometimes possible if you can work again.

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After my workers comp settlement closed out I actually did file for unemployment because my job was gone and my doctor cleared me for light-duty work. EDD processed my claim and I got the DE 429Z showing my weekly benefit amount. But I had to wait until the TD period was fully over — I couldn't collect both at once.

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How long did it take EDD to process after the workers comp wrapped up?

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About three weeks before the first payment hit. Normal processing timeline I guess.

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Good to know. I might be in that exact situation once the TD runs its course.

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Something I want to flag for anyone reading — workers comp payments are on EDD's list of income you're supposed to report when you certify. So even if EDD decides you're eligible for some weeks, those payments affect what EDD pays out for those weeks. You don't just pocket both full amounts. Report everything and let EDD do the math.

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Does that mean there's a chance you get something from EDD even if you're getting workers comp? Like a partial amount?

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Theoretically yes, depending on the amounts and how EDD applies the earnings formula. But the bigger hurdle is the able-and-available question, which has to be answered before the money question even matters.

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Got it, so clear the able-and-available bar first, then worry about the math.

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Honestly I went through almost this exact situation two years ago. The part nobody tells you is that filing for unemployment while on workers comp can sometimes create headaches with the workers comp carrier too — they may argue about offsets. I'm not saying don't do it, just know that the two carriers sometimes talk to each other.

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Ugh, that's the kind of thing that keeps me up at night. Did your workers comp carrier actually try to offset anything?

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Mine tried to adjust my TD rate once I had EDD income. It got messy. Definitely worth talking to a workers comp attorney before you do anything.

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This right here. Workers comp attorneys in California typically do free consults and they know how EDD interacts with TD rates.

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Wait so if someone is on workers comp but their doctor says they can do desk work or something, they could file for EDD unemployment and look for desk jobs? That seems like it should work?

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In theory yes. If your restrictions still allow some type of work and you're genuinely available to take that work, you can certify for unemployment saying you're able and available within those restrictions. EDD decides from there.

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Okay that makes sense. My situation is similar, I'm on light duty restrictions from a knee thing and no employer around here is hiring for the stuff my doctor says I can do.

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Still worth filing and certifying honestly about your restrictions. EDD makes the eligibility call, not you or the workers comp doc.

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Does filing for unemployment affect your workers comp case in any way? Like could it be used against you somehow in the workers comp process?

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That's a real concern. Saying you're available for work in an unemployment claim can theoretically conflict with a workers comp claim that says you're totally disabled. It depends on what your workers comp status actually is. If you're on partial restrictions, there's less conflict. If you're claiming total disability on the workers comp side, saying you're available for work to EDD gets complicated.

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This is making my head hurt. Sounds like a workers comp attorney question for sure.

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Absolutely a workers comp attorney question. Free consultations are pretty common for those cases.

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Filed for California EDD unemployment two months after my workers comp claim closed and got approved no problem. By that point my doctor had given me full clearance so the able-and-available issue was completely gone. If you can wait until you're fully released, the process is pretty smooth.

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How did you handle the base period wages with all the time you'd been out injured? Were your old wages enough to qualify?

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Mine were fine because I'd worked full time for three years before the injury. The base period looks back about 18 months so there was plenty of wages in there. If you've been out a really long time it might be thinner but EDD has an alternate base period option if the standard one doesn't get you to a valid claim.

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Good to know there's a fallback. I was only out for a few months so I should be okay.

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Okay so I've been reading this whole thread because I have a somewhat different situation — I got hurt and filed workers comp but I was actually laid off for unrelated reasons while still treating. Never went on TD, just got medical treatment covered. Am I in the same boat as everyone here?

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If you were never on TD and were laid off, you might be in a better position than most people in this thread. You weren't receiving temporary disability payments, so the 'can't collect both for the same days' issue might not apply. The key question is still whether you're able and available for work.

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I am able to work, I just have ongoing physical therapy twice a week. Doesn't stop me from working.

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Then you should be filing. Physical therapy doesn't make you unavailable for work if you can still work around it. File, certify honestly, and let EDD decide.

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Filing tonight. Thank you.

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The base period question matters a lot here too. If you've been out of work for most of the year because of workers comp, your base period wages might be really low, which could affect what your weekly benefit amount would even be. Worth checking EDD's Unemployment Benefit Calculator before you get too deep into this.

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I worked full time through September so I should have wages in there. I'll run it through the calculator.

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EDD's site has it, just search 'Unemployment Benefit Calculator' on edd.ca.gov. It won't be exact but gives you a ballpark.

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My claim was stuck in adjudication for weeks after I filed while dealing with a workers comp situation and I could never get through to EDD to find out what was happening. I ended up reaching a live EDD agent through Claimyr after the hold music loop defeated me three times in a row. The agent looked at my claim and told me there was an open eligibility issue because of the workers comp income I'd reported — she said EDD was reviewing whether I was able and available for work based on the workers comp medical status. At least I knew what I was waiting on after that call.

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Adjudication because of the workers comp reporting — that's exactly what I'm worried about. Did it eventually resolve?

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It did. EDD sent a DE 4800 for a phone interview, I explained my restrictions and that I was available for light duty, and they processed my certified weeks after.

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The interview is what decides it then. Good to know the adjudication isn't necessarily a dead end.

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Can someone clarify — if you get disqualified, is there any point in appealing? Like if EDD says you weren't able and available, can you fight that?

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You can absolutely appeal. EDD mails a Notice of Determination with an Appeal Form (DE 1000M) when they deny you. You have 30 calendar days from the mailing date on the notice to appeal in writing. The hearing is before an administrative law judge and you can represent yourself.

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30 days, got it. I always thought appealing was some kind of legal nightmare but I guess you can just do it yourself.

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Plenty of people represent themselves. Bring your documentation — the workers comp records showing your restrictions, whatever you said during the phone interview, any correspondence.

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Is it true EDD will just automatically deny you if you're on workers comp? Someone at the AJCC told me that.

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That's not accurate. EDD doesn't have an automatic denial rule for workers comp. What EDD looks at is whether you were able and available for work each week you certified. Workers comp TD makes that complicated, but it's not an automatic no. The AJCC staff are great for job search help but claim eligibility decisions come from EDD directly.

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Okay that's a relief. I was about to not even bother filing.

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Always file. Let EDD make the determination. You can appeal if they get it wrong, but you can't collect anything you never applied for.

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Something that helped me when I was in this situation: I kept every piece of documentation from both programs in one folder. The workers comp denial letters, the TD payment history, the medical notes listing my restrictions, and all my EDD notices. When EDD called me for the phone interview I had everything right in front of me.

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What did EDD actually ask during the interview? I'm kind of dreading it.

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They asked why I stopped working, what my medical restrictions were, whether I was looking for jobs within those restrictions, and whether I was available to start work if someone offered it. It was pretty conversational, not as scary as I expected.

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Okay that's manageable. I've been keeping notes on my job search activities anyway just to have a record.

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There's a CalJOBS piece to this too that people forget. When EDD sends you the Notice of Requirement to Register for Work (DE 8405), you've got 21 days to get a resume up on CalJOBS. Being on workers comp restrictions doesn't automatically exempt you from that unless EDD says you're exempt. If you miss the deadline it can hold up payments.

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I hadn't even thought about CalJOBS. I'll watch for that notice.

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It comes with the initial claim documents EDD mails out, usually within about two weeks of applying. Don't skip it.

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I totally missed this on my claim and my payments held up for two weeks while I scrambled to get it done. Don't be me.

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Partial workers comp TD while also on restrictions — I was in that exact position and ended up getting some EDD weeks approved. The part-time earnings formula mattered. EDD took my workers comp payments into account for the weeks I reported them, and I ended up getting reduced payments rather than zero.

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Reduced but not zero, that's actually better than I expected. Were the TD payments treated like wages in the formula?

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EDD treated them as income to report and factored them in. The agent I spoke with on a previous call had me put them in the wages section when certifying. Final amounts were lower than my full weekly benefit amount but it was something.

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This is the scenario where talking to EDD directly is worth it. The math is different for everyone depending on what they're receiving.

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My workers comp case wrapped up with a lump-sum settlement last year and I had a question about whether that settlement amount would count as income I had to report when I certified for EDD. Termination of employment came with the settlement closing out. Ended up reaching an EDD agent through Claimyr to ask directly — the agent pulled up my claim and said lump-sum settlement payments are still on the list of income to report when certifying, and EDD decides how they affect that week. She noted both my most recent certified weeks on file and confirmed a determination letter would be mailed once the review was done.

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The lump sum question is one I hadn't even thought about yet. Good to have that answered now before I get there.

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Worth knowing early. I was glad I asked before I certified those weeks, so I knew to report it.

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The bottom line for the original situation: you can file for California EDD unemployment even with an open workers comp case, but whether you actually qualify each week comes down to whether you can honestly say you're able and available for work. Full TD where your doctor says you can't work at all makes that impossible. Restrictions that still allow some work create an opening. File, be honest on every certification, report the workers comp payments, and let EDD make the determination. And if they deny you, 30 days to appeal.

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This is the clearest summary of everything in this thread. Thank you. I'm going to file through UI Online today and see where it goes.

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Good luck with it. The first certification is about two weeks after EDD processes the application and usually covers the waiting week plus one paid week.

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Appreciate the heads up on the timing. I'll keep certifying and keep documenting my job search while I wait.

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Glad I found this thread before I gave up and didn't file at all.

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