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My workers Comp Case is set for trial. I was offered a settlement.

Paso Robles, CA |

If I settle and do not go to trial , do I have to pay back state disability and unemployment?

Attorney Answers 4


  1. The general answer to your question is no. You do not have to pay EDD back. Exception to that is if there was any time Where EDD and your Worker's Compensation temporary disability payments were paid at the same time or overlapping. This is called duplication. If you have any duplication, you will have to pay that back to EDD.


  2. I would suggest you talk with a local worker’s comp. attorney to see if your settlement offer passes the smell test.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  3. You would have to pay them back if you receive EDD/WC payments for the same period of time, because you can only get one at a time.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  4. The "Offer" needs to specify: HOW MUCH to be deducted to go to the EDD for UI or SDI?
    HOW MUCH to be deducted as Permanent Disability already paid?
    HOW MUCH to be deducted for Attorneys Fees?
    HOW MUCH to be deducted for any 'support' Liens?
    HOW MUCH to MEDICARE for a MEDICARE SET ASIDE (MSA) ???

    If the 'offer' fails to contain all these details, you didn't really get an offer. You got one number from which Ten$ of Thou$and$ will be slashed and you have no clue how much you'll be getting.

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