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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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California: Currently receiving temp disability benefits through

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Currently receiving temp disability benefits through california worker comp for shoulder injury, this is work related and I am not working right now. However, a different doctor signed me up for State disability because he is going to be doing a spine surgery, this is NOT work related. Normally, my understanding is that you cant collect both, however, these are totally separate circumstances. Am I entitled to both? If I do collect both, are there any penaties I need to be aware of? Thank you
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, you cannot collect both Temporary Disability benefits from worker's compensation and CA State Disability benefits at the same time---with only rare exceptions.

If your worker’s compensation weekly benefit amount is less than your disability weekly benefit amount would be, then you will be eligible to receive the difference from state disability.

Because workers' compensation and state disability are set up to pay about the same amount in disability---based on your income before a disabling injury or surgery---the differences in the two benefits is rarely significant. But yes, you can apply. You will have to declare to state disability the amount of benefits that you are receiving from workers' compensation though.

In terms of penalties, if you fail to report the workers compensation benefits to state disability, you could later be charged with felony benefit fraud against the state---and that is not something that you want to face.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

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