Roseville, CA asked in Workers' Compensation for California

Q: what can you collect if your workers comp is pending for work injury but were laid off? EDD ends soon!

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1 Lawyer Answer

A: If a Physician is limiting your duties and that same physician will 'certify' you for California State Disability, then you are TEMPORARILY TOTALLY DISABLED and you apply at www.edd.ca.gov for SDI , State Disability Insurance. When an employer refuses to provide modified work/light duty, the employer is liable for Temporary Total Disability payments until you are (1) released to full duty with no restrictions or (2) the employer provides modified work matching your specific work restrictions. IF YOU ARE ABLE TO WORK, your doctor has not issued any temporary work restrictions, THEN you apply for Unemployment Insurance at www.edd.ca.gov. On that Unemployment Insurance questionnaire online, you will be asked 'are you disabled' and you answer 'no' because that question is actually asking 'are you 100% permanently disabled now?' and that is NOT you. not yet.

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