In this guide10 sections
- Key takeaways
- The basic rule: no double payment for the same days
- Workers’ comp TD compared with SDI in 2026
- When SDI pays the difference
- Filing for SDI when your comp claim is delayed or denied
- How the EDD lien works
- Permanent disability, Paid Family Leave and SSDI
- What to do if you’re hurt at work and need income now
- Frequently asked questions
- Talk to a California workers’ comp lawyer
Usually not in full for the same days. California generally won’t pay State Disability Insurance (SDI) for days you receive workers’ comp temporary disability (TD). But there are real exceptions: SDI can pay you while your workers’ comp claim is delayed or denied, and it can pay the difference when your weekly TD is smaller than your SDI benefit would be. You’re allowed to apply for SDI while on workers’ comp, and the EDD decides what it can pay.
Key takeaways
- Under Unemployment Insurance Code §2629, SDI is reduced by workers’ comp TD, or by permanent disability for the same injury, paid for the same days.
- If TD is lower than your SDI rate, SDI can pay the difference. Lower and middle earners often see a gap because TD is two-thirds of wages and SDI can be up to 90%.
- If your employer or insurer doesn’t pay or agree to pay within 14 days of the EDD’s notice, the EDD generally must start paying SDI if you’re otherwise eligible.
- When both programs cover the same weeks, the EDD is usually repaid through a lien in your workers’ comp case, not a bill to you. Resolve it before you settle.
- For 2026, SDI pays $50 to $1,765 a week for up to 52 weeks; TD for 2026 injuries pays $264.61 to $1,764.11 a week.
The basic rule: no double payment for the same days
Under Unemployment Insurance Code §2629, you’re generally not eligible for SDI for any day you receive, or are entitled to receive, “other benefits.” Those include temporary disability under a California, other-state or federal workers’ comp law, temporary disability under an employer’s liability law, and permanent disability for the same injury or illness.
The same section creates the key exception. If those other benefits are less than your SDI amount, you can receive SDI for that day, reduced by the workers’ comp benefit. In plain terms, SDI can fill the gap up to your SDI rate, but together the two won’t pay more than SDI alone would.
The EDD’s workers’ compensation FAQ says it isn’t common to receive both, but you may get full or partial SDI if your employer or its insurer delays benefits, denies them, pays a weekly benefit lower than your SDI benefit, or pays only your medical bills. Its advice is to file and let the EDD decide.
Workers’ comp TD compared with SDI in 2026
| Feature | Workers’ comp TD | SDI (Disability Insurance) |
|---|---|---|
| What it covers | Wage loss from a work injury or illness | Wage loss from your own disability, normally non-work-related |
| Who pays | Your employer’s insurer or a self-insured employer | The EDD, funded by SDI paycheck withholding |
| Weekly amount | Two-thirds of average weekly earnings (Labor Code §4653) | About 70% to 90% of base-period wages |
| 2026 range | $264.61 to $1,764.11 for 2026 injuries | $50 to $1,765 |
| How long | Up to 104 compensable weeks within five years for most injuries (Labor Code §4656) | Up to 52 weeks |
| Waiting period | 3 days, unless disability lasts more than 14 days or you’re hospitalized (Labor Code §4652) | 7 days |
| Medical care | Yes, paid by the insurer | No, cash benefits only |
| Job protection | None directly, but punishing you for filing is barred (Labor Code §132a) | None by itself |
The TD figures come from the Division of Workers’ Compensation. Estimate your TD with our workers’ comp calculator, and see how TD is paid and when it ends on our temporary disability benefits page.
When SDI pays the difference
Because SDI can replace up to 90% of wages for lower and middle earners, your SDI rate can be higher than your TD rate. When it is, §2629(c) lets the EDD pay you the difference for each day you’re otherwise eligible.
Here is a hypothetical. Maria earns a steady $1,200 a week, so her highest-paid quarter is about $15,600. Her TD rate is two-thirds of $1,200, or $800 a week. Her SDI rate falls in the 90% band, about $1,080 a week. If she’s otherwise eligible, SDI can pay her the $280 difference each week. The EDD makes the final calculation.
The gap shrinks as income rises. Between about $65,120 and $83,725 a year, SDI is a flat $1,127 a week. Above that, SDI is 70% of weekly wages, close to the TD rate, and both programs cap near $1,765, so high earners usually see little or no difference.
Filing for SDI when your comp claim is delayed or denied
You can file an SDI claim while you’re on workers’ comp or while a claim is pending. It’s most useful when:
- The insurer is still investigating and TD hasn’t started.
- The claim was denied. SDI can replace part of your income while you fight a denied workers’ comp claim.
- TD stopped, but your doctor says you still can’t work.
Unemployment Insurance Code §2629.1 sets out what happens next. The EDD makes an initial determination about whether you’re entitled to workers’ comp and notifies you and your employer, warning the employer that it may owe interest and penalties. That notice also counts as a claim for compensation and knowledge of the injury under Labor Code §5402. If the employer or insurer doesn’t pay, or agree to pay, within 14 days after the notice, the EDD generally must start paying your disability benefits if you’re otherwise eligible.
Be honest on the SDI claim: say the injury happened at work and that you filed, or plan to file, a workers’ comp claim. Hiding it can lead to an overpayment and penalties.
How the EDD lien works
Suppose SDI pays you while the comp claim is uncertain, and the insurer later accepts it or a judge finds it liable. The insurer now owes TD for weeks the EDD already covered. Labor Code §4903(f) allows the EDD a lien in your workers’ comp case for disability benefits paid during that uncertainty. Under §2629.1:
- An employer that accepts or is found liable must reimburse the EDD, with interest.
- It owes a 10% penalty on the reimbursement if the Workers’ Compensation Appeals Board (WCAB) finds the failure to pay unreasonable and no Labor Code §5814 penalty was already awarded.
- If liability is disputed, the WCAB decides the EDD’s right to reimbursement.
- Reimbursement is due within 60 days of accepting liability or a final award.
Another hypothetical: Jose’s claim is delayed 10 weeks, and SDI pays him $900 a week, or $9,000. The insurer then accepts the claim at a TD rate of $700 a week. Instead of paying Jose $7,000 in back TD, the insurer generally reimburses the EDD for those weeks. The extra $200 a week was SDI he was entitled to anyway because his TD was lower.
EDD liens must be resolved before or as part of any settlement. Check that the lien covers only weeks that actually overlap. See liens on a workers’ comp settlement.
Permanent disability, Paid Family Leave and SSDI
Permanent disability. Once TD ends, permanent disability (PD) may begin. PD for the same injury is an “other benefit,” so if you still can’t work and file for SDI, the EDD reduces SDI by the PD amount and may pay the difference. For 2014-and-later injuries rated under 100%, PD is capped at $290 a week, so that difference can matter. See what a permanent disability rating is worth.
Paid Family Leave. PFL is a separate EDD program that pays up to 8 weeks in a 12-month period to care for a seriously ill family member, bond with a new child or handle certain military family needs. It isn’t for your own injury. The EDD says receiving workers’ comp and PFL together is also uncommon, with the same exceptions.
Social Security Disability (SSDI). Federal law (42 U.S.C. §424a) allows Social Security to reduce SSDI when combined with workers’ comp for the same months, generally when the total exceeds 80% of your average earnings before disability. Settlement wording can affect that reduction, so raise SSDI before you settle.
Neither SDI nor PFL protects your job. CFRA, FMLA and disability accommodation laws may. Our guide to SDI, Paid Family Leave and job protection explains how they fit together.
What to do if you’re hurt at work and need income now
- Report the injury in writing and ask for a DWC-1 claim form. The EDD says to report a work injury as soon as possible and within 30 days.
- Get medical care and ask the doctor to put your work restrictions in writing.
- Track your TD: when payments should start, the weekly amount and any gaps.
- File for SDI if TD is delayed, denied, stopped or lower than your SDI rate, and tell the EDD the injury is work-related.
- Keep every letter from the EDD and the insurer, including your Notice of Computation and any lien notices.
- Don’t settle until the EDD lien is accounted for and you understand the effect on SDI and SSDI.
Frequently asked questions
Can I collect workers’ comp and state disability at the same time?
Not in full for the same days. SDI is reduced by any TD, or PD for the same injury, that you receive. You can still get SDI if workers’ comp is delayed, denied, lower than your SDI rate, or paying only medical bills.
Can I apply for SDI while on workers’ comp?
Yes. The EDD says you can file even if you were hurt at work, and it will decide whether you qualify. Report the injury as work-related on your claim.
Will I have to pay SDI back if my comp claim is approved later?
Usually not. The EDD is generally reimbursed by the employer or insurer through a lien in your workers’ comp case. Problems arise when a worker hides the work injury or settles without dealing with the lien.
How much is SDI in 2026?
About 70% to 90% of base-period wages, from $50 to $1,765 a week, for up to 52 weeks, after a 7-day unpaid waiting period.
Does SDI protect my job?
No. SDI and Paid Family Leave pay benefits but don’t protect your job. CFRA, FMLA, pregnancy disability leave and disability accommodation laws may, depending on your employer.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively in workers’ comp and employment cases across California. We offer free virtual consultations to sort out TD, SDI and any EDD lien before they cost you money. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
