Can I claim ESD benefits after workplace injury while seeking suitable alternative employment?
Hey everyone, I'm in a tough spot and hoping someone has been through this before. I injured my back at my warehouse job (herniated disc) about 3 weeks ago. Doctor says I can't do any heavy lifting or standing for extended periods anymore - basically can't go back to my old position. My employer doesn't have any light duty options available right now. I've been applying for desk jobs and customer service positions that would work with my new physical limitations, but haven't landed anything yet. My L&I claim is still processing (whole other headache), but I'm wondering if I can claim unemployment in the meantime? I'm technically able to work, just not at my previous job due to the injury. Has anyone successfully claimed unemployment benefits in a situation like this? Do I need special documentation from my doctor? The ESD website is super confusing about this specific situation.
18 comments
Carmen Lopez
Yes, you can claim unemployment in this situation! It's called "worker with a disability" status. You're considered able and available for work as long as you can perform some type of suitable work, even if it's different from your previous job. You'll need to get a statement from your doctor documenting your limitations. Upload this with your initial claim or under "Upload a Document" in your eServices account. When filing weekly claims, make sure you answer "YES" to being able and available for work (since you are able to work with restrictions). The key is showing you're actively searching for jobs you CAN physically do. Keep detailed records of your job search activities, especially ones that fit your current limitations.
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Yuki Ito
•Thanks so much for this information! I had no idea there was a specific category for this. I'll contact my doctor tomorrow to get that documentation. Do you know if there's a specific form the doctor needs to fill out or can it just be a letter explaining my limitations?
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Andre Dupont
im in almost the same boat hurt my shoulder at construction job last yr. its super confusing becuz L&I and ESD dont communicate with eachother good. make sure u tell ESD ur NOT getting time loss from L&I or theyll deny u. also when u do job searches make sure there jobs u can actually do with ur back or theyll say ur not really looking
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Yuki Ito
•That's a really good point about making sure ESD knows I'm not getting time loss payments! I didn't even think about that potential overlap. Did you have any issues with them questioning your job searches? I'm worried they'll think I'm being too picky about jobs.
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QuantumQuasar
I went through this exact situation in 2024 after a knee injury. It's a bit complicated but definitely possible to get UI while you're transitioning to different work due to injury. Here's what you need to know: 1. You must be physically capable of performing SOME type of work (which you are) 2. You need medical documentation clearly stating what you CAN do (not just what you can't) 3. Your job searches must be for positions that fit within your documented restrictions 4. You should answer "Yes" to being able and available for work on weekly claims 5. If you get any L&I payments, you MUST report them when filing weekly claims The most important thing: document EVERYTHING. ESD will likely put your claim in adjudication initially to verify all this. Be prepared for that delay.
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Yuki Ito
•Thank you for sharing your experience! When you say they'll put my claim in adjudication, how long did that take to resolve for you? I'm getting really anxious about having no income while this gets sorted out.
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Zoe Papanikolaou
THE SYSTEM IS DESIGNED TO MAKE THIS HARD!!! I went through this last year and spent WEEKS trying to get through to someone who understood my situation. They kept telling me different things every time I called. One agent would say I qualify, then another would say I don't because of my restrictions. I finally had to get my state representative involved to resolve it! Whatever you do, DON'T stop filing your weekly claims even if they initially deny you. If you win an appeal later, they can only pay you for weeks you actually filed claims for.
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Yuki Ito
•Wow, that sounds like a nightmare. I'm sorry you had to go through that. I'll definitely keep filing weekly claims no matter what. How did you go about contacting your state representative? I've never had to do anything like that before.
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Jamal Wilson
I had a wrist injury last summer that kept me from going back to my job as a mechanic. ESD kept denying my claims saying I wasn't able and available for work. But that's not right - I just couldn't do THAT specific job. Had to appeal twice before someone actually read my doctor's note saying I could do desk work!!
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Mei Lin
•This is why the appeals process exists - so many initial claims get wrongly denied by people who don't fully review the documents! Did you have a hearing for your appeal or did they just review it internally? I'm curious about how that works with medical restriction cases.
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Liam Fitzgerald
Have you tried calling ESD directly to explain your situation? When I had a similar issue last year, getting someone on the phone made all the difference. They explained exactly what documentation I needed and even made notes in my file about my situation.
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Yuki Ito
•I've been trying to call for days but can't get through! Either get the "call volume too high" message or get disconnected after waiting for 30+ minutes. It's so frustrating when you just need to talk to a real person who can answer specific questions.
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Zoe Papanikolaou
•Try using Claimyr.com to get through to ESD faster. It helped me get connected when I was in your situation. They have a service that basically navigates the phone system for you and calls you back when an agent is available. Saved me hours of frustration. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Worth it when you're dealing with something as complicated as disability + unemployment.
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Carmen Lopez
I want to clarify something important: With workplace injuries, you need to be careful about the timing between L&I and ESD. If your L&I claim is approved and you receive time-loss compensation, you can't receive unemployment for the same period. However, if your doctor has released you to work with restrictions (as in your case), and your employer can't accommodate those restrictions, you're generally eligible for unemployment while searching for work within your medical limitations. When you apply, make sure to explain this situation clearly in the section that asks why you left your last job. Select "physically unable to do job" and provide details about your restrictions and lack of accommodation options.
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Yuki Ito
•That makes sense about the overlap between L&I and ESD. I'll be very clear about my situation when I apply. My doctor has definitely released me to work with restrictions, and I have documentation showing my employer doesn't have suitable positions available. Thanks for explaining this so clearly!
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Andre Dupont
one more thing to watch out for!! when ur doing ur weekly claims make sure u answer the questions right. if u say ur not able to work theyll deny u. u ARE able to work just with restrictions. big difference to them!!!!!
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Mei Lin
This is a common situation, and many people get confused about how to handle it properly. Based on my experience working with clients in similar situations (I'm a former workforce development specialist), here's what you should expect: 1. Your claim will likely go into adjudication for 3-6 weeks while they verify everything 2. You'll need to clearly document that your doctor has released you for some type of work 3. Your job search activities need to align with your medical restrictions 4. The adjudicator will likely call your previous employer to verify they can't accommodate your restrictions If your L&I claim gets approved while this is processing, you'll need to immediately report any time-loss payments to avoid an overpayment situation.
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Yuki Ito
•Thank you for this detailed explanation! 3-6 weeks in adjudication sounds tough financially, but at least I know what to expect now. I'll make sure to document everything extremely carefully to avoid any delays or issues.
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