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Ava Williams

Can you get unemployment after workers compensation in California EDD?

So I was out for about seven months on workers comp after a warehouse injury — torn rotator cuff, the whole ordeal. My doctor finally cleared me to return to full duty in October but when I went back to my employer they said my position had been eliminated while I was out recovering. No warning, nothing. Just gone. I've never filed for unemployment before and honestly have no idea where to start. The big question hanging over me is whether my workers comp history is going to mess up my claim or if there's some kind of waiting period I have to get through first. My injury settlement was paid out as a lump sum a few months ago, so the comp payments themselves stopped a while back. Has anyone actually navigated this? I want to know if I can file through California EDD now or if that settlement is going to follow me around.

Wait, did they give you any paperwork when they let you go? Like a layoff notice or anything? Because the reason you separated is going to matter when EDD looks at your claim.

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They handed me a letter saying my role was 'restructured out of the organization.' So basically a layoff, just corporate speak for it.

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That actually works in your favor. A restructuring is a layoff — out of work through no fault of your own. You should be able to file. Apply as soon as you can through myEDD at https://myedd.edd.ca.gov/ because the claim only starts from the week you apply, not from whenever you lost your job.

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Agreed, don't wait on filing. Every week you delay is a week you can't get paid back for.

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Workers comp settlements and unemployment are two separate programs entirely. The settlement you got is not going to block you from filing a UI claim. What EDD cares about is whether you're able to work, available for work, and actively looking — now that your doctor cleared you, you should be able to check those boxes.

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That's a relief to hear. I was genuinely worried that because I'd been receiving comp payments the whole time, EDD would see that as already being 'taken care of' or something.

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EDD and workers comp are completely different pots of money. One doesn't cancel the other out, especially now that your comp payments have already stopped. The only wrinkle would have been if you were trying to collect both at the same time — you can't do that because unemployment requires you to be able to work every week you certify, and comp is for when you can't. But you're past that now.

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Is the lump sum settlement still considered income I'd have to report when certifying? Like does that show up anywhere?

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Rotator cuff and a lump sum comp settlement — mine was a knee injury, different situation but similar enough. After my release to full duty, EDD was the first call I made. Used Claimyr (claimyr.com) to get through to an EDD agent because every time I tried the main line I'd hit the max call volume message and that was it. The agent pulled up my file and told me the comp payments I'd received were already in the past, not ongoing wages, so there was nothing to deduct from my weekly benefit. She also confirmed my employer's wages before I went out on leave were still in my base period. I filed that same afternoon. Here's the video they have about reaching a live person at EDD: https://youtu.be/JmuwXR7HA10

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This is exactly what I needed to hear from someone who actually did it. Did your comp settlement amount factor in at all when they calculated your weekly benefit?

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Not at all, based on what the agent told me. My weekly benefit amount came from my wages in the base period — the highest-earning quarter of the four before my claim — and the comp settlement wasn't part of that calculation. What she said was the system looks at what I earned working, not what I received from an insurance settlement.

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How hard was it to actually get a live agent? I've been sitting on hold for hours and nothing.

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The whole point of using Claimyr was not sitting on hold myself. I ended up talking to someone that same day, got my questions answered, filed that evening.

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Okay following up on my own question above — so if the lump sum was paid months ago and I'm not getting any more comp payments, I just don't report it when I certify going forward? It's just done?

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To answer the lump sum question that keeps coming up: workers comp that's paid as a settlement under a company insurance plan isn't considered wages for unemployment purposes under EDD's rules. You still report it when the certification form asks about it and EDD sorts out whether it affects anything — but the comp being done and in the past is very different from ongoing comp payments overlapping with an unemployment claim. EDD decides, so report honestly and let them figure out the math.

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Okay so I should report it just to be safe rather than assume it doesn't matter?

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Always report what the certification actually asks you about. The form is specific — it asks about wages earned in that week. A lump sum paid months ago isn't a wage earned this week. But if the question on the form ever seems to cover it, answer honestly and EDD decides. Don't skip anything, don't guess, just answer what's literally asked.

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This is the safest answer. When in doubt report it and let EDD do their thing. The problems happen when people leave stuff out.

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Can someone clarify — does a workers comp settlement change which base period they use to calculate your benefits? Like if you were out of work for seven months on comp, wouldn't your most recent wages be super low?

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Good question and it's one that trips a lot of people up. The standard base period is roughly the first four of the last five completed calendar quarters before you file. If those quarters have enough wages to make a valid claim — at least $1,300 in one quarter, or $900 in your highest quarter with total base period wages at 1.25 times that — you're good. If your injury was seven months ago and you were working steadily before that, there's a solid chance those pre-injury quarters are what EDD uses.

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And if the injury happened right at the start of one of those quarters and my earnings tank because of it?

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There's an alternate base period — the most recent four completed quarters — that EDD automatically uses if the standard one doesn't generate a valid claim. You don't have to request it, they check it on their own. But it doesn't bump up your benefit amount if the standard base period already works. It's a safety net, not an upgrade.

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So basically EDD always tries to use the period that actually qualifies you, they don't just reject you if one version doesn't work?

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Exactly. They check the standard base period first, and if it doesn't get you to a valid claim, they automatically look at the alternate. The goal is to see if you have enough wages somewhere in your work history to qualify.

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My coworker told me I had to wait like 90 days after workers comp ended before I could file for unemployment and I've been sitting here this whole time!! Is that actually true?

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No waiting period like that exists. The rule your coworker might be thinking of is that you can't collect unemployment and workers comp at the same time, because unemployment requires you to be able to work every week. Once comp ends and your doctor clears you, you can file right away. Apply now — you've already missed weeks you could have had pending.

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Oh my god. I've been waiting for NOTHING. Filing tonight.

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There's no magical cool-down period between programs. File as soon as you're able to work and out of a job. The EDD system doesn't penalize you for having been on comp before.

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What does the actual application ask about workers comp? I'm worried about how to answer those questions without accidentally making it sound like I'm still receiving it.

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The application asks about your last employer and reason for separation, your work history, and income sources. Answer honestly — you were on comp, you were medically cleared, your job was eliminated. That's a layoff after a medical leave, and EDD handles those regularly. Don't overthink the wording, just be accurate about dates and status.

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And for the 'reason for leaving' question I just say the position was eliminated?

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Yes. Your letter says restructuring — that's a layoff. Write exactly that. The position was eliminated when you returned from medical leave. That's your answer.

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Filing after a workers comp period can sometimes trigger a phone interview with EDD, just so you know. Not because you did anything wrong, but because there's a gap in your employment and they may want to confirm you're able and available for work now that you're cleared. The notice for it comes on the DE 4800, and it has the date and time — the interviewer phones at that time, so keep your phone nearby when it arrives.

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How long does it usually take after filing before the interview notice shows up?

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It varies — a few days to a couple weeks is typical. The notice arrives by mail, and the date and time are also shown on the UI Online homepage once your claim is active. The interview is to let EDD hear your side of the story, so just be ready to explain the injury, the clearance, and the layoff in plain terms.

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Okay so I should have all my paperwork nearby — the medical clearance, the layoff letter, all of it?

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Exactly. The clearance date, the letter saying your position was eliminated, and anything showing when your comp payments stopped. Having it all in front of you means you answer confidently and don't have to guess at dates.

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Does your workers comp claim going through your former employer's insurance create any weird situation where EDD flags something? Like does EDD and the comp insurer share information or talk to each other?

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EDD notifies the last employer when you file — they get a Notice of Unemployment Insurance Claim Filed and have 10 days to respond. What they do with that information is their call. The comp insurer itself isn't in the EDD loop directly. The employer just responds about the reason for separation.

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Got it. So as long as the layoff is legitimate and documented, there's nothing the comp insurer can do to interfere with the unemployment claim?

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The comp insurer doesn't have standing to contest your unemployment claim — that's between you, your former employer, and EDD. If the employer confirms the layoff, it basically supports your claim.

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Slight detour but — after seven months out, do you have to register in CalJOBS to get paid? I went through a long medical absence before my layoff too and completely blanked on that step until EDD froze my payments.

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Yes, most claimants have to register in CalJOBS and post a resume within 21 days of the date on the notice EDD sends — the DE 8405. Miss that window and payments can stop. It's one of the first things to do after filing, right after the actual application.

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I wish someone had told me that upfront. I didn't get told anything about CalJOBS until payments stopped. Had to scramble.

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Thanks for bringing this up — adding it to my mental checklist. File, watch for the CalJOBS notice, don't miss 21 days. Got it.

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DE 429Z is what shows up in the mail after EDD processes your claim — it lays out your weekly benefit amount and the total your claim can pay. If anything on it looks off, like a weekly amount that seems way too low because they might have used the wrong quarters, you can appeal within 30 days of the mailing date. Just want people to know that because a lot of folks assume the number is locked in forever.

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Wait, so the DE 429Z shows up before you even get paid?

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Right, it's separate from actual payments. It shows what your claim is worth — not that EDD has decided you're eligible, just the dollar range if you are. Payments start after you certify and EDD decides eligibility.

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So I might get that notice, feel relieved, and then still get denied at the interview stage?

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Technically yes. The DE 429Z is about the wage calculation, not about whether you're disqualified for some other reason. If EDD finds you ineligible after the interview, they'd mail a Notice of Determination. But in a straightforward layoff after comp, disqualification is not what usually happens.

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Speaking of base period wages — if someone was earning $1,850 a week before the injury and then nothing during the seven months on comp, what ballpark weekly benefit are we talking about?

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Nobody here can promise a number, and honestly EDD's own Unemployment Benefit Calculator on their site is the right tool for that. What matters is your highest-earning quarter in the base period. If you were making solid money before the injury and those quarters are in the base period, the weekly benefit can be up to $450 — that's the ceiling right now. Use the calculator, plug in your actual quarterly earnings, and you'll get an estimate.

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Is $450 really the max? That seems low for someone making good money.

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$450 is the current California weekly cap. It doesn't scale infinitely with what you earned — once your highest quarter is high enough to hit the ceiling, that's where it stays. The minimum is $40. Everything in between is calculated from that highest quarter.

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Honestly the hardest part of my situation after comp was just getting EDD on the phone to confirm everything was processed right. Tried for two days straight and couldn't get through. Eventually used Claimyr and got to speak with an agent that afternoon — she looked at my claim and told me the two pending weeks on UI Online were still pending because identity verification hadn't cleared yet, not because of anything comp-related. Got that sorted out pretty quickly after that.

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Two days of trying sounds exhausting. Did you do anything specific or just keep redialing?

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Kept redialing and hitting the busy message until I tried that service. After that I was actually talking to someone, got the pending situation explained, and knew exactly what to do next.

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So the identity verification through ID.me is a separate step I need to make sure is done? I haven't done that yet.

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ID.me verification is definitely something to handle right away if you haven't. EDD needs it to confirm who you are before payments go through. You create an account, take a photo, and ID.me shares it with EDD. If they can't verify you automatically they mail a Request for Identity Verification — the DE 1326C — and you follow the steps on that. Pending weeks in Claim History often just mean verification or eligibility is still being confirmed.

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I had no idea ID.me was required. Is it on the main application flow or is it a separate website?

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Separate step — you do it through ID.me's own site but it links to your EDD account. You'll see a prompt in myEDD if it's needed. Do it as early as possible, ideally before you even file if you can.

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How many weeks of benefits are we realistically looking at here? Like is there any kind of extended benefit because of the comp period or does the standard 26 week max apply?

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Twenty-six weeks is the standard for a California UI claim — no special extension just because you came off workers comp. The only way to get more is if Extended Benefits kick in statewide due to high unemployment levels, which requires specific economic conditions to trigger. That's not something anyone can count on. The claim also has a one-week waiting period at the start — that first week is unpaid, it's just the way every claim works.

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Does the waiting week eat into the 26, or is it in addition to them?

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The waiting week is part of your claim, not on top of it. Your weekly benefit amount times 26 is the max, and the waiting week counts as one of those weeks — just not a paid one. So effectively 25 weeks of payments, with the first certified week being unpaid.

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Just got through my own workers comp-to-unemployment transition last month. Filed the day I got my medical clearance letter, registered in CalJOBS within about two weeks of the DE 8405 arriving, had a phone interview about ten days after filing. The interviewer phoned at exactly the time on my DE 4800. Explained the layoff, mentioned the injury clearance, and payments started flowing about a week after. The whole thing was less dramatic than I expected — the layoff was clean and documented so there wasn't much for EDD to dig into.

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This is so reassuring. Did EDD ask anything specifically about the comp settlement during the interview?

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The interviewer asked about the last day I worked, the reason my employment ended, and whether I was able and available for work. The comp settlement didn't come up at all in the interview itself — I think because my comp payments had already ended and there was no overlap issue.

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How long did you wait after filing before the first payment actually hit?

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About three and a half weeks from the day I filed to the first payment. That included the waiting week and the time it took EDD to process the application. Filed online through myEDD which is supposed to be the fastest route.

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Quick sanity check — if someone is on a workers comp settlement that's being paid out monthly rather than a lump sum, does that change whether they can even apply for UI? Like is there a scenario where ongoing comp income blocks you?

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Whether ongoing comp payments affect unemployment is EDD's call to make, not something anyone here can rule on. What we know is that unemployment requires you to be able and available for work every week you certify, and comp is typically for when you can't work. If there's overlap in timing or payments, report it on your certification and let EDD decide how it counts. Don't try to guess — just be honest on the forms.

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That makes sense. So the answer is report it and let EDD sort it out rather than try to figure out the formula yourself.

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Always. The certification form asks specific questions and the honest answers are what EDD works from. You're not expected to know EDD's internal math — that's their job.

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Okay so I've been trying to call EDD about a similar issue — I had a partial workers comp settlement and the UI Online Claim History just says Pending on my last three weeks with no explanation at all. No mail, nothing. I tried Claimyr and got through to an agent, found out there was a flag on my account from the comp insurer reporting wages — which apparently looked like ongoing income to EDD's system. The agent updated the notes on my file and told me to expect a Notice of Determination in the mail within two weeks explaining how EDD classified those weeks.

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So EDD can get a flag from the comp insurer automatically? I had no idea that could happen behind the scenes.

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Apparently the reporting goes through some automated process. The agent said it was pretty common in workers comp situations and that the pending status was the system waiting for a human to review it rather than a denial.

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That's genuinely useful to know. I would have panicked seeing three pending weeks with no explanation.

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Honestly I did panic until the agent explained it. Having it in writing from EDD when the Notice of Determination arrives is what matters — if I disagree with how they classified anything, I have 30 days from the mailing date to appeal.

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What's the actual appeal process if EDD denies you because of the comp stuff? Like step by step, what does that look like?

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The denial would come as a Notice of Determination — the DE 1080CZ — and there's an Appeal Form, the DE 1000M, included with it. You have 30 calendar days from the mailing date on the notice to appeal in writing. Send it to the address on the notice. EDD reviews it first, then it goes to the California Unemployment Insurance Appeals Board, and an administrative law judge holds a hearing. You'll get a Notice of Hearing by mail at least 10 days out. Testimony is under oath and you can represent yourself or bring someone — a union rep, an attorney, whoever you want.

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And you keep certifying while the appeal is pending?

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Yes, keep certifying through the whole appeal. EDD can only pay back those weeks if you certified for them. Stop certifying and you lose the ability to get paid even if you win.

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That 'keep certifying' piece is something I had no idea about until reading this thread. That could have been a huge mistake.

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Does the employer get to contest the unemployment claim after a workers comp situation? Like could they claim misconduct and try to block it?

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Employers respond to EDD within 10 days of getting the claim notice — the DE 1101CZ — and they can share information about the separation. If they claim misconduct, EDD has to evaluate it, but EDD's standard for that is on firings specifically. The burden is on the employer to prove misconduct. For a layoff, there's really no misconduct argument to make because you didn't do anything to cause the separation.

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So a layoff is basically airtight from the employer contesting it on misconduct grounds?

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Misconduct is about a firing — an employer has to prove you did something wrong that led to them firing you. A restructuring or position elimination is a layoff, the opposite of that. The employer can still respond to EDD and provide their version, but claiming misconduct on a layoff doesn't hold up the way it would on a termination for cause.

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This is an important distinction. Misconduct language belongs to firings, not layoffs. EDD knows the difference and so should anyone reading this.

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