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A car accident can turn your life upside down. If you face staggering medical bills and can’t work because of severe or permanent injuries, you may ask, “Can I qualify for disability after an auto accident in California?”
The short answer is “Possibly.” California is among the few states where injured workers may be eligible for disability benefits even after non-work-related injuries. However, it’s advisable to talk to an experienced disability lawyer to determine whether this option applies to your situation.
Can You Collect State Disability Benefits?
If your injury happened on the job, you may collect temporary disability or partial permanent disability through the workers’ compensation system. However, what if your auto accident happened while you were out for your personal errands or in another scenario completely unrelated to work?
In this situation, you may qualify for State Disability Insurance (SDI) benefits. SDI, a payroll deduction, covers eligible workers who can’t work due to injury or illness that isn’t work-related. The program can also apply to pregnant people.
You may qualify for SDI benefits if you contributed $300 or more to SDI throughout a 12-month employment term. Your eligibility will depend on documenting and proving your injury. These benefits will partially replace your wages (usually at 60-70%) for up to a year. If your disability prevents you from working for six months or longer, you may also seek Social Security benefits.
Note that you may be ineligible for SDI if you are already receiving workers’ comp benefits that equal or surpass what you’d receive through SDI, paid family leave, unemployment insurance, or sick leave wages equal to your salary.
Applying for SDI Benefits
To apply for SDI benefits, you’ll need to start a claim via the California Employment Development Department. Make sure to provide medical records from your healthcare provider confirming your disability. You may also have to undergo an independent examination to prove your medical condition.
Quick action is important here, as you must submit the relevant forms within 49 days of your injury or the onset of your illness. Otherwise, you risk losing your eligibility for benefits.
You can apply for SDI benefits without a lawyer. However, a disability lawyer can offer valuable guidance if you face complications (e.g., due to incomplete medical records) or your claim encounters denial.
Other Options for Seeking Financial Support After an Accident
As an injured person asking, “Can I qualify for disability after an auto accident in California?” you should also explore other venues for seeking financial recourse after your accident.
If your accident happened because of another driver’s negligence, you may start a claim with their insurance company and seek compensation for your accident-related medical costs, missed days at work, and other losses. If the liable insurer refuses to settle your case, you could file a personal injury lawsuit. Talk to an experienced lawyer as soon as possible after your accident to learn all your legal options.
Moreover, you can pursue a personal injury claim or lawsuit even if you also file for SDI benefits. Applying for SDI benefits is typically a quick process and can provide you with funds upfront while waiting for your case to settle.
Injured in San Diego? Call The Law Office of Elliott Kanter
If you’re asking, “Can I qualify for disability after an auto accident in California?” contact us at The Law Office of Elliott Kanter. Mr. Kanter, a car accident lawyer with over four decades of experience, will look into your case and use every relevant legal pathway to help you negotiate a settlement.
Call us at (619) 231-1883 or leave your details through our contact form to schedule a free consultation.
