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Daniel Rivera

Can I collect Washington ESD unemployment after workers comp settlement ends?

My workers compensation case just settled for $18,500 and I'm wondering if I can now file for unemployment benefits through Washington ESD? I was injured at work 8 months ago and have been receiving workers comp payments this whole time. The settlement is final but I'm still not cleared to return to my previous job due to lifting restrictions. My employer can't accommodate my restrictions so they're letting me go. Can I apply for UI benefits now or does the workers comp settlement affect my eligibility? I'm really confused about how this works in Washington state.

Yes, you should be able to file for unemployment benefits once your workers comp case is settled. The key thing is that you need to be able and available for work within your medical restrictions. Since your employer can't accommodate your limitations and is terminating you, that could qualify as a layoff through no fault of your own.

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That's what I was hoping to hear! Do I need to wait a certain amount of time after the settlement or can I file right away?

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You can file as soon as your employment ends. Just make sure you report the settlement when you file your initial claim - Washington ESD needs to know about any income you received.

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Yes, you can absolutely file for Washington ESD unemployment benefits after your workers' comp case closes. The settlement itself doesn't disqualify you from UI benefits. Since your employer terminated you because they couldn't accommodate your work restrictions, that's considered a discharge due to inability to perform the job - which typically qualifies you for benefits.

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That's a relief to hear! Do I need to mention the workers' comp settlement when I file my claim or just focus on the job separation?

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Be honest about everything when filing. Washington ESD will want to know about the work injury and settlement, but it won't automatically disqualify you. The key is that you're able and available for work within your restrictions.

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I went through something similar last year after a construction accident. Filed for unemployment right after my L&I case settled and got approved. Just make sure you're actively looking for jobs that match your new physical limitations.

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How long did it take for your claim to get approved? I'm worried about the adjudication process taking forever.

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Mine took about 3 weeks but they had to verify everything with L&I first. Be patient but keep filing your weekly claims.

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I went through something similar last year. The workers comp settlement itself doesn't disqualify you from unemployment, but you need to be honest about your work restrictions when you file. Washington ESD will want to know if you're truly available for work.

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What kind of questions did they ask you about your restrictions? I can do most office work but no heavy lifting.

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They asked about what types of work I could perform and if I was actively looking for jobs within my limitations. As long as you can show you're genuinely seeking work you can physically do, you should be fine.

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The tricky part might be proving you're 'able and available' for work with your restrictions. Washington ESD will want documentation from your doctor about what you can and cannot do. Make sure you have clear medical releases stating you can work with accommodations.

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I have all the medical paperwork from L&I showing my work restrictions. Should be enough right?

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That should help, but Washington ESD might want their own medical verification. Be prepared to provide additional documentation if they request it during adjudication.

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ugh trying to get through to Washington ESD to ask questions about complex situations like this is impossible. I've been calling for weeks about my own claim issues and can never get through. The phone system just hangs up on you after being on hold forever

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I had the same problem until someone told me about Claimyr (claimyr.com). They actually get you connected to a real Washington ESD agent without the endless hold times. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved my sanity when I needed to resolve my adjudication issues.

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Never heard of that before but anything beats trying to call myself. Does it actually work?

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Worked for me twice now. Much better than wasting entire days trying to get through on your own.

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Wait I'm confused - if you got a settlement doesn't that mean you have money coming in? Why would you need unemployment too? Seems like double dipping to me

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Workers' comp settlements are typically lump sum payments for medical expenses and disability, not ongoing income replacement. Once the case is closed, there's no more weekly benefits. Unemployment is for people who lose their jobs through no fault of their own - which applies here.

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Exactly - the settlement was mostly for medical bills and some pain/suffering. It's not like I'm getting weekly payments anymore. I still need income while looking for a new job.

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Just a heads up - if you're having trouble getting through to Washington ESD to ask these questions directly, I recently found this service called Claimyr (claimyr.com) that helps people actually reach ESD agents by phone. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out since these settlement situations can be tricky to navigate.

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How much does something like that cost? I'm already strapped for cash.

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I focused more on the fact that it actually worked to get me connected rather than the cost. When you're dealing with potential benefit issues, sometimes it's worth it to get real answers from ESD directly.

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The big thing is making sure Washington ESD knows you didn't voluntarily quit. Since your employer couldn't accommodate your restrictions and terminated you, that should be considered involuntary separation. Keep all documentation from your employer about why they let you go.

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I have the termination letter stating they couldn't accommodate my lifting restrictions. Should I upload that when filing my claim?

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Definitely include that with your initial filing. The more documentation you provide upfront, the smoother your adjudication process should go.

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Be careful about the timing of when you report your settlement. If you received a lump sum, Washington ESD might want to spread that income over multiple weeks which could affect your benefit amount.

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Oh no, I didn't think about that! The settlement was a one-time payment. How do they calculate how many weeks to spread it over?

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They typically divide the settlement amount by your average weekly wage to determine how many weeks it covers. But every case is different - that's why you need to talk to them directly about your specific situation.

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Been there done that. Filed for UI benefits immediately after my workers comp case closed and had no issues getting approved. The key is being honest about your situation and showing you're genuinely looking for work within your capabilities.

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Did Washington ESD ask you a lot of questions about the workers' comp case during the interview?

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They asked basic questions about the injury, settlement amount, and work restrictions during my fact-finding interview. Nothing too invasive. Just be straightforward.

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Make sure you understand the difference between being 'able' and 'available' for work. With your lifting restrictions, you're able to work but you need to show you're available for the types of jobs you can physically perform.

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This is so confusing. What's the actual difference between able and available?

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' Able means'you re physically and mentally capable of 'working.' Available means'you re ready to accept suitable work and actively looking. With work restrictions, you can still meet both requirements as long as'you re seeking appropriatejobs.

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The workers comp settlement probably won't directly disqualify you but make sure you report EVERYTHING to Washington ESD. They have ways of finding out about settlements and if you don't report it upfront, it could cause major problems later.

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What kind of problems? Like would they make me pay benefits back?

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Yes, if they find out you didn't report income, they can create an overpayment and you'd have to pay back benefits plus penalties. Always better to be upfront.

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I would be careful about this. Washington ESD can be really picky about workers comp situations. They might consider you voluntarily unavailable for work if your restrictions are too limiting. Better to talk to someone who knows the rules.

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That's exactly why services like Claimyr are helpful for complex cases like this. You can actually talk to a Washington ESD representative who understands these nuanced situations instead of guessing. Much better than filing blind and hoping for the best.

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Good point. My restrictions aren't that severe - just no heavy lifting. I can still do most office work or light warehouse duties.

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The settlement timing might matter too. If you received a large lump sum recently, Washington ESD might count that as income for certain weeks. Not sure how that works exactly but worth asking about.

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Workers' comp settlements typically aren't counted as wages for unemployment purposes since they're compensation for injury/medical expenses, not employment income. But every case is different.

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The settlement was specifically for past medical bills and some disability compensation, not lost wages. Hopefully that makes a difference.

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Since your employer is terminating you because they can't accommodate your restrictions, make sure you get that in writing. Washington ESD will need documentation that this wasn't a voluntary quit on your part.

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Good point. Should I ask HR for a letter explaining the termination reason?

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Yes, get something official that states you were terminated due to the company's inability to accommodate your medical restrictions. That protects you from any misconduct or voluntary quit issues.

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File your claim ASAP. Even if there are complications, you want to get your application date locked in. You can always provide additional documentation later during adjudication.

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Already started the online application. Just wanted to make sure I wasn't missing anything important before submitting.

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Good call. Make sure you mention both the work injury and the accommodation issue in your separation reason. Be thorough but concise.

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THIS IS EXACTLY WHY THE SYSTEM IS BROKEN!!! People getting workers comp money then immediately filing for unemployment. What's next, disability too? Some of us actually lost our jobs through no fault of our own without getting settlements first.

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Dude chill out. Workers comp is for getting injured at work - nobody wants to get hurt just to get a settlement. And if your employer fires you because of injury restrictions, that's still losing your job through no fault of your own.

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I didn't choose to get injured. The settlement barely covered my medical bills and lost time. I just want to get back to work but need income while job searching with new limitations.

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My brother went through this exact situation after his shoulder surgery. Got unemployment approved but had to do a phone interview with Washington ESD to explain everything. Took about a month total but he got benefits.

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A month isn't too bad considering how complex the situation is. Did he have any trouble with the job search requirements?

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He had to be creative about finding jobs within his restrictions but Washington ESD was reasonable about it. As long as you're genuinely looking and documenting your efforts, you should be fine.

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Make sure you understand the job search requirements with your restrictions. You'll still need to apply for suitable work and be available for interviews. Washington ESD will expect you to actively look for jobs you can physically perform.

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That makes sense. I've already started looking at office jobs and light duty positions. Should I keep a log of where I apply?

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Absolutely keep detailed records. Washington ESD can audit your job search activities at any time. Better to over-document than get caught unprepared.

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The fact that your employer specifically said they couldn't accommodate your restrictions is huge in your favor. That's not a voluntary quit - that's a discharge due to physical limitations from a work-related injury.

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That's what I was hoping. The termination letter is pretty clear that they tried to find me suitable work but couldn't given my restrictions.

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Perfect. Keep that letter safe and make copies. That documentation could be the difference between approval and denial if your claim goes to adjudication.

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I had a friend who collected unemployment after a work injury settlement. The main thing is being honest about your limitations and actively job searching within those limits. Washington ESD is usually reasonable if you're upfront.

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That's reassuring. I'm definitely planning to be completely honest about everything.

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That's the right approach. They'd rather work with you than catch you hiding something later.

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Don't forget that you'll need to register with WorkSource and show that you're actively searching for work within your restrictions. Keep good records of your job search activities.

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How many jobs do I need to apply for each week?

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I believe it's 3 job search activities per week in Washington, but check the current requirements when you file. Activities can include applications, networking, interviews, job fairs, etc.

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If you run into issues getting your claim processed or need clarification on how the settlement affects your benefits, that Claimyr service I mentioned earlier really helped me get through to an actual ESD agent who could review my specific situation. Sometimes you need that direct contact to get complex questions answered properly.

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I might need to look into that too. I've been trying to call ESD for weeks about my adjudication issue with no luck.

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Yeah, the regular phone lines are brutal. This actually got me connected to someone who could pull up my claim and give me real answers instead of generic information.

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Just curious - was your workers comp through L&I or private insurance? I think it might make a difference in how Washington ESD handles things.

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It was through L&I. Does that change anything?

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I'm not sure but I think L&I and ESD might have some coordination between agencies. Probably worth mentioning when you file your claim.

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Just a heads up - if you end up needing to appeal or have issues with your claim, don't wait around. The appeal deadlines are strict and Washington ESD doesn't always send notices on time.

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Good to know. How long do you usually have to appeal if they deny the claim?

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Usually 30 days from when they mail the decision, but sometimes the mail is slow. Check your online account regularly and don't rely on just postal mail.

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I'm in a similar boat - still on workers comp but probably settling soon. This thread is really helpful for planning ahead. Hope everything works out for you OP!

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Thanks! I'll update the thread once I hear back from Washington ESD about my claim status.

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Please do! I'll probably be filing my own claim in a few months so your experience will help me prepare.

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One more thing to consider - if your injury affects your ability to return to your previous type of work, you might want to look into retraining programs through WorkSource. They sometimes have special programs for people with work-related injuries.

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That's a great suggestion. I hadn't thought about retraining but it might be necessary given my limitations.

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Definitely worth exploring. Some programs can help with both income support and career transition when you can't return to your previous work.

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One thing to watch out for - if you're still receiving any ongoing medical treatment related to your injury, make sure that doesn't interfere with your availability for work. Washington ESD might question whether frequent doctor appointments make you unavailable.

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I'm mostly done with treatment now, just occasional check-ups. Should I mention that in my weekly claims?

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Only if it actually prevents you from working or looking for work during specific days. Routine medical appointments shouldn't be an issue as long as you're still available most of the time.

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Had to use Claimyr myself when Washington ESD wanted more information about my workers comp situation. Being able to actually talk to someone who understood both the unemployment and workers comp systems was worth it. Much better than trying to explain everything through their confusing online portal.

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That's the second mention of Claimyr in this thread. Might be worth checking out if I run into problems.

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It's especially helpful for complex cases like yours where there might be questions about how different benefit systems interact. Regular Washington ESD phone support isn't equipped to handle these nuanced situations.

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Bottom line - you should qualify for unemployment benefits. Workers comp settlement doesn't disqualify you, and being terminated due to inability to perform your previous job is valid grounds for UI benefits. Just be thorough with your documentation and honest in your application.

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Thanks for the reassurance. I was really worried I might not qualify and end up with no income while job hunting.

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You should be fine. The key is showing Washington ESD that you're genuinely available for suitable work within your physical limitations. Good luck!

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The bottom line is that workers comp settlements don't automatically disqualify you from unemployment benefits. The key factors are: 1) You were terminated through no fault of your own, 2) You're able and available for work within your restrictions, 3) You report all income truthfully, and 4) You actively search for suitable work.

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This is really helpful. I think I meet all those criteria so I'll go ahead and file my claim once my employment officially ends.

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Good luck with your claim! Just remember to document everything and be completely transparent with Washington ESD about your situation.

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Make sure you understand how they'll calculate your weekly benefit amount. If you were out on workers comp for a while, they might need to look at earnings from before your injury to establish your claim.

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I was working full-time for over a year before my injury so hopefully that won't be an issue.

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That should work in your favor. They'll look at your earnings during the base period, which would include your time working before the injury.

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Whatever you do, don't try to hide the settlement or the work restrictions. Washington ESD has gotten really good at cross-referencing with other agencies and finding unreported income. Honesty is always the best policy.

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This is so true. I know someone who got caught not reporting workers comp income and it was a nightmare to sort out.

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Exactly. The temporary benefit of hiding income is never worth the long-term consequences of getting caught.

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Final advice: file your claim as soon as your employment ends, be completely honest about your settlement and restrictions, register with WorkSource, and start your job search immediately within your physical limitations. The fact that your employer couldn't accommodate your restrictions should work in your favor for establishing that this wasn't a voluntary quit.

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Thank you so much for all the advice everyone! I feel much more confident about moving forward with my unemployment claim now.

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You're welcome! Don't hesitate to ask if you run into any issues during the filing process.

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And remember, if you need to speak with an actual ESD agent about your specific situation with the workers comp settlement, services like Claimyr can help you get through when the regular phone lines are jammed. Sometimes these complex cases really need that direct human contact to get properly resolved.

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I'll definitely keep that in mind if I run into any complications. Thanks for the tip!

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I used something similar when I had issues with my claim after a workplace injury. Sometimes you really need to talk to someone who can look at your specific case details.

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Good luck with everything! It sounds like you have a solid case for unemployment benefits given your circumstances.

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Thank you! I'm feeling much more optimistic after getting all this great advice.

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Just want to echo what others have said - the workers comp settlement itself shouldn't disqualify you, but proper reporting and documentation will be key to avoiding any issues down the road.

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Got it. I'm going to make sure I have all my paperwork organized before I file.

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That's smart. Having everything documented upfront makes the whole process smoother.

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Hope everything works out for you! Dealing with work injuries and the aftermath is stressful enough without having to worry about income.

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Thanks! It's been a tough situation but this forum has been incredibly helpful.

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