Does a workers' comp settlement affect my ongoing EDD unemployment benefits?
I've been on unemployment for about 2 months after getting laid off from my construction job. Before that layoff, I had a workplace injury from last year that I filed workers' comp for. My attorney just called saying we might be reaching a settlement soon (possibly around $28,000). Does anyone know if getting a workers' comp settlement affects my current unemployment benefits? Do I need to report it to EDD when I certify? Will they reduce my weekly benefit amount or disqualify me completely? I'm getting $450/week right now and really can't afford to lose it. The settlement is for the injury, not lost wages, if that matters.
22 comments


Cameron Black
ya gotta report it on ur certification when u get it. they ask about any type of income u get and workers comp counts
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Victoria Jones
•Are you sure? I thought workers comp was different since it's for an injury not for lost wages like unemployment is?
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Jessica Nguyen
This is a really important distinction. Workers' compensation settlements can be structured in different ways, and how it affects your UI benefits depends on what the settlement covers. If your settlement is strictly for physical impairment/permanent disability, it typically doesn't affect unemployment. But if any portion is specifically designated as lost wages/temporary disability payments, that part would likely need to be reported. I'd recommend asking your workers' comp attorney to clearly designate what the settlement covers in the paperwork. They can often structure it to minimize impact on other benefits.
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Victoria Jones
•Thank you! I'll definitely talk to my attorney about making sure the settlement specifies it's for the injury and disability, not lost wages. Do you know if there's a specific EDD form I need to fill out when the settlement comes through?
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Jessica Nguyen
•There's no specific form beyond your bi-weekly certification. When you certify, there's a question asking if you received any income - if your settlement is properly structured as disability/impairment compensation (not wage replacement), many people don't report it. But to be 100% safe, you could report it and include a note explaining it's physical impairment compensation only.
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Isaiah Thompson
I went through this exact situation last year. The key thing to understand is that workers' comp settlements typically have multiple components: 1. Permanent disability (compensation for your injury) - NOT reportable to EDD 2. Temporary disability (wage replacement) - IS reportable to EDD 3. Future medical costs - NOT reportable to EDD Make sure your settlement agreement clearly breaks down these components. My attorney made sure my settlement specified that approximately 85% was for permanent disability and future medical, with only a small portion for wage replacement. This minimized the impact on my UI benefits. During certification, I only reported the portion that was specifically for wage replacement. EDD reduced my benefits for those weeks but didn't disqualify me.
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Victoria Jones
•This is incredibly helpful, thank you! So it sounds like I need to make sure the settlement agreement clearly specifies what each part is for. I'll call my attorney tomorrow to discuss this.
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Ruby Garcia
i got a workers comp settlement for $15k last year and never told EDD about it. nothing happened. they never found out. its not like they check that stuff.
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Alexander Evans
•This is terrible advice that could result in an overpayment determination or worse, fraud penalties. EDD regularly cross-checks with other government agencies and insurance companies. They may not catch it immediately, but they often discover unreported income during audits that can happen years later. A friend of mine is now repaying benefits plus a 30% penalty because she didn't report a settlement.
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Evelyn Martinez
WHEN I GOT MY SETTLEMENT the EDD said I was DISQUALIFIED for 6 WEEKS because I didn't tell them!!! They said I committed FRAUD! Had to pay back $2700!!! DON'T MAKE MY MISTAKE!!!!
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Benjamin Carter
•Wait, I'm confused - did they disqualify you because you got a workers comp settlement, or because you didn't report it? I thought the question was whether getting a settlement affects benefits at all?
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Alexander Evans
I'd recommend scheduling an eligibility interview with EDD to discuss this situation before you receive the settlement. That way, you'll have clear documentation of their guidance for your specific case. Unfortunately, calling EDD can be nearly impossible these days with the constant busy signals and disconnections. I recently discovered a service called Claimyr that helps you get through to an EDD representative quickly instead of spending days redialing. It worked great for me when I needed clarification on a similar situation. Check out their demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or visit claimyr.com. Getting official guidance from EDD beforehand could save you a lot of headaches later.
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Victoria Jones
•Thanks for the suggestion! I've been trying to call EDD for days with no luck. I'll check out that service - getting an official answer directly from EDD would definitely help me sleep better at night.
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Benjamin Carter
My cousin's roommate got a workers comp settlement last year while on unemployment and EDD made him pay back ALL his benefits! Said he was "double dipping" or something. Be really careful!
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Jessica Nguyen
•That sounds unusual. A properly structured workers' comp settlement for permanent disability shouldn't affect UI eligibility. It's possible there were other factors in that case - perhaps the settlement was explicitly for lost wages during the same period they received unemployment, or they failed to report it properly. Each case is different based on the specific settlement terms and individual circumstances.
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Isaiah Thompson
One more important thing: make sure you're still actively looking for work and documenting your job search efforts each week. Even with a pending workers' comp settlement, you must remain able and available for work to qualify for UI benefits. If your injury prevents you from working altogether, that could affect your UI eligibility regardless of the settlement.
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Victoria Jones
•Good point. I am still able to work and actively looking - just can't do heavy lifting anymore because of my back injury. I've been keeping detailed records of all my job applications and interviews.
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Fiona Sand
Based on what I've seen in this community, the most important thing is getting your attorney to structure the settlement properly. From everything I've read here, if it's clearly designated as permanent disability compensation (not wage replacement), it shouldn't affect your UI benefits. But definitely get it in writing from EDD before you accept the settlement - don't rely on assumptions. I've seen too many people get burned by not reporting income properly, even when they thought they were doing the right thing. The peace of mind of having official guidance is worth the effort to get through to them.
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AstroAdventurer
•Absolutely agree with getting it in writing from EDD first! I'm actually going through something similar right now - got injured at work 8 months ago and have been dealing with workers comp while also being laid off recently. My case manager told me the same thing about making sure the settlement language is very specific. One thing I learned is that you can also ask your workers comp attorney to delay finalizing the settlement until after you get clarity from EDD, just to be extra safe. Better to wait a few extra weeks than deal with overpayment issues later.
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QuantumQuester
Just want to echo what others have said about getting proper documentation from your attorney and EDD. I went through a similar situation about 18 months ago - workers comp settlement while collecting UI benefits. The key is transparency and proper categorization. My settlement was $22K and my attorney made sure it was clearly broken down: 70% permanent disability, 25% future medical costs, and only 5% for temporary disability/wage replacement. I reported only the wage replacement portion during my certifications and had no issues with EDD. One tip that helped me: when I called EDD (using that Claimyr service someone mentioned - it really does work), I asked them to put a note in my file explaining the situation before the settlement was finalized. That way there was a paper trail showing I was being proactive about reporting properly. The worst thing you can do is not report it at all and hope they don't find out - they WILL find out eventually and the penalties are brutal. Better to over-communicate than under-report. Good luck with your settlement!
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Diego Vargas
•This is exactly the kind of detailed guidance I was hoping to find! Thank you for sharing your experience with the breakdown percentages - that gives me a concrete example to discuss with my attorney. I really like your tip about asking EDD to put a note in my file beforehand. That seems like a smart way to show I'm being proactive and transparent about the whole situation. I'm definitely going to try that Claimyr service to get through to them. Did you have any issues with EDD questioning the percentage breakdown, or did they accept your attorney's categorization without problems?
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Ben Cooper
I'm dealing with a similar situation right now - been on UI for about 3 months and have a workers comp case pending from an injury at my previous job. From everything I've read here and researched, it really comes down to how the settlement is structured and documented. Here's what I've learned: make sure your attorney clearly separates the settlement into categories (permanent disability vs wage replacement vs medical costs). Only the wage replacement portion typically needs to be reported to EDD. I'd strongly recommend getting written guidance from EDD BEFORE accepting any settlement. Document everything - save emails, take notes during phone calls with dates/times/names. This protects you if there are any questions later. Also, keep in mind that even with a settlement, you still need to be able and available for work to maintain UI eligibility. Make sure your injury doesn't prevent you from accepting suitable employment. The stories here about people getting penalized for not reporting are scary, but it seems like most of those cases involved people who either didn't report at all or had settlements that were clearly for wage replacement. If your settlement is properly structured for permanent disability/injury compensation, you should be okay.
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