Legal Question in Workers Comp in California

State Disability Insurance is clearly for non-work related injuries. It is illegal to collect both SDI and WC benefits. If your industrial injury claim is rejected, you normally can apply for SDI, but once you are awarded WC TD benefits the State will seek inbursement for all the money it paid to you. All they do is file a one page lien form and unless you dispute any part of it they are automatically allowed to deduct the amount you received and the WC insurance carrier will simply take it out of your back TD check and send it to the State. If your injury is not work related, the application form should supply al the answersd to your questions; if not, first go to the SDFI web site to see if that has the answers and then call the Dept. up if necessary.

Many insurance companies make payment of temporary disability benefits conditional on injured workers treating with their doctors who generally send them back to work very quickly. Insurance company gain medical contraol and cut corners in any shape possible. For payment of SDI, the insurance company has no medical control over your treatment and in many cases is preferable.Call us at 213.388.7070 for a free consultation.