This post was updated on 10/14/2024
Despite the increased awareness of EDD (Employment Development Department) benefits, many people are confused about which benefits are available and when they can apply. If you are out of work due to an accident or have been laid off, you may be able to get benefits from the government.
There are two types of benefits in Workers’ Comp cases: Unemployment and State Disability Insurance. You can apply to them if you have been fired, even if you've been in an accident and became unable to work.
With these benefits, you can focus on regaining your financial footing without worrying about how to pay the bills. So keep reading to find out more about them and see if they are a fit for you.
Summary:
1. Unemployment Eligibility
2. Benefits of Unemployment
3. State Disability Insurance Eligibility
4. State Disability Insurance Benefits
5. SDI vs. Workers’ Comp
Unemployment Eligibility
If you've lost your job, you may have to worry about paying the bills, passing money to your parents upstate, and many other issues we all have to deal with. Don't get in a flat. The EDD (Employment Development Department) can help you apply for unemployment benefits.
Unemployment is a benefit you receive when you get fired for reasons other than injury or illness. If you have been laid off, maybe lost your job in a reduction-in-force (RIF), or got “downsized” for economic reasons, you are a good candidate for unemployment benefits.
Benefits of Unemployment
Unemployment benefits are intended to partially replace lost wages. But the precise amount you receive will depend on your income before unemployment. Some states consider the employee's prior annual earnings; others look at the employee's earnings during the highest-paid quarter or two-quarters of the base period.
To determine your weekly benefit amount, the EDD will calculate the wages you earned during your base period. This is only valid in California. California's weekly benefit amount is arrived at by dividing those total wages by 26—up to a maximum of $450 per week.
State Disability Insurance Eligibility
The second type of benefit is State Disability Insurance, a paid benefit if you are off of work for non-industrial reasons. For example, if you were to develop cancer or were in a car accident outside work, it had nothing to do with your job. However, you won't be able to perform your working tasks. So, in this case, you may be eligible for State Disability Insurance.
If you didn't have a private long-term or short-term disability policy, you could apply for State Disability insurance.
The California State Disability Insurance (SDI) is a short-term public insurance program run by California's Employment Development Department (EDD). SDI pays you about 55% of what you used to make at work if you:
- Have a non-work-related illness or injury. These SDI payments may continue for up to a year.
- Need to take Paid Family Leave (PFL) to care for a sick relative or to bond with a new child.
- Are pregnant.
But be careful, as this differs from Worker's Compensation because it pays for medical expenses and lost wages resulting from a work-related injury. While do not pay monthly benefits when a worker is unable to work.
Benefits of State Disability Insurance
SDI generally pays 55% of your average wages for up to 52 weeks of disability. Nevertheless, your income may shift from month to month and year to year, making it hard to determine your average weekly income.
When SDI evaluates your earnings to determine how much you should receive in benefits, they consider your earnings from the 12 months between 17 months and 5 months before the start of your disability.
Now, there's a question that often comes up. Why would I want to apply for state disability when I should be getting Worker's Comp?
The reason is that insurance carriers typically deny liability for Workers' Comp claims, leaving injured workers without income. State disability will pay benefits to those who cannot work.
SDI vs. Workers’ Comp
Workers' Compensation is different from other types of insurance coverage. Although workplaces are becoming safer, accidents still occur. If you suffer an injury on the job, filing a Worker's Comp claim is your best option.
Injured workers need to pursue benefits that help them move forward with their lives. It allows you to focus on creating a sense of peace of mind during your recovery. In Workers’ Compensation claims, it’s vital to seek benefits that help you cope with the losses you may be experiencing.
Conclusion
If you're confused about State Disability and Unemployment insurance, you should know that these two programs have different eligibility requirements. To apply for Unemployment insurance, you need to be able to work, but to be approved for State Disability payments, your physician must sign off on your disability status.
Benefits like these are essential for thousands of people across the United States who lose their jobs or cannot work due to illnesses unrelated to their jobs. That way, you can focus on getting well or finding another job without worrying about how you will pay your bills.
If you have a question about Workers’ Comp or need a lawyer, call us at 888-740-6434 or set an appointment here.
Pacific Workers, The Lawyers for Injured Workers in Northern California's Premier Workers' Compensation Law Firm. Representing First Responders, Health Care Workers, Construction Workers, Delivery Workers, Warehouse Workers, and all the hard-working people who keep our community moving in their Fight for Justice against the Insurance Companies.
With over 250+ Five-Star Reviews, an incredible staff of caring, well-trained, advanced technology for superior client communication, a track record of an over 98%-win rate, and giving back to our community through the Pacific Workers Foundation. It is easy to see why Pacific Workers is the go-to law firm for all injured workers in Northern California. Offices in Oakland, Concord, Stockton, Tracy, San Jose, and Sacramento.
If you or a loved one need help or have questions, call us at 888-740-6434 or email us at Intakes@pacificworkers.com.
About the author
Bilal Kassem President and Co-founder
Introducing Bilal Kassem, the visionary leader of Pacific Workers. His unwavering commitment to excellence, empowering others at the core of our organization. With a flair for creativity, Bilal infuses fresh ideas into every initiative we take.
Drawing inspiration from captivating stories like “Goosebumps”, he guides our team with determination. Beyond his professional endeavors, Bilal embraces the great outdoors. As a result, relishing adventures such as backpacking and exploring uncharted territories. Sushi is his preferred treat, nourishing both his body and spirit.
In his free time, he enjoys hitting the gym and indulging in blockbuster films. Also, he finds motivation in the legacies of historical figures like George Patton. By leading with empathy, Bilal fosters a supportive atmosphere. This is why every team member feels empowered to excel.