Can you get unemployment while on workers comp? California EDD question

Yeah the doctor gave me a release for light duty about three weeks ago. My employer confirmed in writing they don't have anything for me at that level. So I'm out here actively looking at office jobs, delivery driving, things that don't involve heavy lifting.

The light duty release is key. If you can show you're available for some type of work, EDD looks at that differently than someone who's completely unable to work at all.

This is really helpful, thank you. Did they end up paying you for those pending weeks after the agent looked into it?

Okay so the agent said you can get both? I've been told you can't collect both at the same time and now I'm confused about what the actual rule is.

What the agent told me was about my own claim, not a blanket rule. EDD decides based on each person's situation. The main thing was that I had to report the workers comp payments every time I certified.

Right, I was worried about exactly this. My release is for light duty only, not full duty. Does that count as being 'available for work' in EDD's eyes?

Honestly EDD has to decide that for your specific situation. What the rules say is that you have to be able to work, available for work, and looking for work. Whether a light duty restriction meets that is something EDD evaluates. The pending status you're seeing is probably exactly this question being worked out.

I think being cleared for SOME work is better than nothing. At least you're not saying you can't work at all.

Yeah I've been really careful. For the weeks I've been on light duty release with no work available, I'm saying yes to able and available because that's genuinely true. I'm looking for jobs I can physically do.

That sounds right then. Keep records of everywhere you're applying too, just as a habit.

The reporting workers comp payments part is important also. I think you list it when certifying under wages or other income? Not 100% sure exactly where on the certification.

Mine is temporary partial disability I think, since I have the light duty release. The workers comp payments are based on me being partially limited, not fully off.

Okay partial is different than what I had. Mine was full temporary disability and I was completely off work, so EDD said I couldn't certify as able and available for those weeks. Your situation sounds different from mine.

Yeah EDD's own language is that you can't get unemployment and disability benefits for the same days. But workers comp partial disability with a work release is a different situation than full SDI or DI payments.

Do you know roughly how they calculate it? Like does every dollar of workers comp reduce my UI payment dollar for dollar?

EDD decides how much it affects the payment and I honestly don't know the exact formula for workers comp specifically. The agent I talked to on my own claim just said to report it and EDD handles the calculation. Best to call them and ask about your specific numbers.

I tried to find this calculation on EDD's site and couldn't get a clear answer either. It seems like they just figure it out per case.

I keep seeing people mention that letter, haven't gotten it yet. How long did yours take to arrive after you filed?

Mine came about two and a half weeks after I filed. And just so you know, the number on it is what they calculated from your wages, not a yes or no on eligibility.

Oh good point, I saved that email from them. Would I need to send that to EDD or just have it ready?

Keep it. If EDD schedules a phone interview to ask about your situation, that document could help explain why you're out of work despite having a work release.

This is a smart point. The employer saying nothing available matters for showing you're not just refusing work.

EDD doesn't work with workers comp insurance directly in the way you're thinking. They're separate systems. EDD notifies your last employer when you file a claim, but that's about employment, not workers comp status.

Okay that's a relief, I was worried about some kind of cross-reporting situation messing up my workers comp case.

How long did your pending status last before it resolved? Mine has been pending since I filed and I'm getting anxious.

Mine was pending almost four weeks before anything moved. It was maddening but it did eventually process.

Four weeks is brutal. EDD takes forever when there's any kind of question about your status.

Did EDD schedule that interview automatically or did you have to request it?

It was automatic. Got a notice in the mail, the DE 4800, with the date and time the interviewer would call. It listed the topics they were going to cover which was actually helpful so I could prepare.

The DE 4800 is important, keep an eye on your mail. The time is also on your UI Online homepage when it's scheduled.

Yeah I'm not expecting full UI on top of everything, just trying to close the gap between workers comp and my actual bills. Any amount would help honestly.

Exactly, that's the right way to think about it. Even a reduced UI payment is better than nothing.

For EDD unemployment eligibility, the focus is on whether you're able to work, available to work, and looking for work. The fact that your injury happened at work versus home doesn't change the unemployment rules, it changes which insurance programs are involved. Work injuries bring workers comp into the picture. Personal injuries don't. But EDD's ability and availability test is the same either way.

Oh okay, so the UI side doesn't care about the cause of the injury, just whether I can work. That makes sense.

I haven't gotten anything about CalJOBS yet, should I just go ahead and register at caljobs.ca.gov to be safe?

Registering early doesn't hurt. The notice is called the DE 8405 and when it comes it'll say when you need to have everything done by.

Agreed, getting your CalJOBS profile and resume up early just means one less thing to worry about while you're waiting for the claim to process.

Oh wow, I would not have thought of that. So I keep certifying even if everything is pending with no movement?

Yes, absolutely. Keep certifying every two weeks no matter what. The worst thing that happens is EDD decides you weren't eligible and you don't get paid. But if you stop certifying and they later say you were eligible, those uncertified weeks are just gone.

This is such an important point that nobody tells you upfront.

I haven't tried that yet. Is it actually helpful or do they just give you the runaround?

Hit or miss honestly. Some agents on chat are really helpful and can actually see your claim. Others just tell you to wait. Worth trying though before sitting on hold on the phone.

Identity verification held things up for you too? I did ID.me when I filed but maybe it didn't go through. How did you know that was the issue?

The agent could actually see what was flagging my claim. I didn't know ID.me was the problem until the agent told me. The UI Online screen just showed Pending with nothing specific.

Just says Pending across all my weeks since I filed. No notes, no explanation, nothing else.

Yeah that's the standard EDD experience unfortunately. The pending status doesn't tell you much about where things actually are in the process.

The lack of information from UI Online is genuinely frustrating. It tells you something is pending but not what or why.

Workers comp and State Disability Insurance are two different programs, correct. Workers comp is handled by employers and their insurance, covers work injuries. SDI and Disability Insurance are EDD programs. The overlap question with UI is about whether you're able and available to work each week, regardless of which program is paying you.

Okay so the rule about not getting both unemployment and disability at the same time applies to EDD's own disability program, not necessarily workers comp?

Right, EDD's language about not receiving unemployment and disability benefits for the same days refers to their DI program. Workers comp is a separate system and the interaction with unemployment is worked out based on what you're able to do and what you're reporting.

Hang in there, it sounds like the pending status just takes time for a lot of people even when nothing is actually wrong with the claim.

Yeah that's my hope. My injury was work-related and I have a light duty release too so my situation is similar to yours. Let me know what happens with your phone interview if you have one.

Did you have to report the workers comp for each week you received it, or just the total amount somewhere?

Every certification period, for the weeks you received it. The agent was clear that you report it for the week it was earned or received, same as any other income.

Good to know that it's week by week. I was wondering if workers comp was more of a lump sum reporting situation or if you have to break it down.

Good to know. Hopefully it doesn't come to that but I'm going to keep an eye on the mailbox for any letters from EDD.

Even if you agree with the outcome, it's worth reading anything EDD mails carefully. The notices explain what they decided and why, which helps you understand your situation better.