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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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i was getting advice arounf the

Customer Question

 i was getting advice arounf the strat of the year abount workmancomp case where by laylweer was nnot doing anything to help me i settle the case but it got more out there before the case had ended now ive been deresgesterom my job and iam trying to get state disabity which i posyed question on this site i guess if you were to here everthing i had problems with it seems likme i done something wrong i have been just lie and play from all these situtions and can see wh

Submitted: 4 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 4 years ago.

I'm Fran, and I’m a moderator for this topic.


We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.


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Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What information are you seeking please?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

ive asked queations about collecting state disabilty and iam not getting any answers that are helping me the last person said i cant collected workman comp and then collkect state disabilty thats not true in my dealing with i dont know what are the lawsw are what it seems to be turing thinmgs to workfor the company or people or laywers am dealing wit

Expert:  Tina replied 4 years ago.
Hello again,

It is true that an individual may not collect disability benefits and unemployment benefits for the same period since to be eligible for unemployment one must typically be ready, able, and willing to work while to collect disability one must be unable to work, so you can see how the situation cannot be both at the same time--either the person can work or they cannot.

In addition, one cannot typically receve worker's comp benefits and state disability benefit for the same period of time based on the state rules. If an employer denies or delays paying on a WC claim, then the individual may receive SDI benefits but if the WC benefits are paid retroactively for the period SDI was being received, then the individual must typically repay the SDI benefits received.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!