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Saanvi Krishnaswami

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

I just settled my workers' compensation case last month and I'm wondering if I can file for unemployment benefits now. The settlement was for a back injury I got at my warehouse job 8 months ago. I've been off work this whole time getting treatment and dealing with L&I. Now that everything is settled, I'm ready to look for work again but I'm not sure if the settlement affects my eligibility for UI benefits. Has anyone been in this situation before? Do I need to report the settlement money to Washington ESD when I file my claim?

Yes, you can typically file for unemployment after your workers' comp case is settled, but there are some important things to consider. The settlement itself usually doesn't disqualify you from UI benefits, but you need to be able and available for work. Since you mentioned you're ready to look for work again, that's a good sign. You'll definitely need to report the settlement when you file your claim.

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That's a relief to hear. Do you know if there's a waiting period or anything like that?

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No specific waiting period for workers' comp settlements, but Washington ESD will review your case to make sure you meet all the eligibility requirements. The key is proving you're able and available for suitable work.

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I went through something similar last year. Had a shoulder injury at my construction job and was on workers' comp for about 6 months. After I settled, I was able to get unemployment while I looked for a new job. Just make sure you're honest about everything when you file your claim.

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How long did it take for your claim to get approved? I'm worried about delays.

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Mine took about 3 weeks, but I think that was pretty typical. They had to verify some stuff with L&I I think.

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You'll want to be prepared for some questions from Washington ESD about your work restrictions. Even though your case is settled, they might want documentation from your doctor about what kind of work you can do now. I'd recommend getting a letter from your doctor stating you're cleared to return to work without restrictions, or whatever your current limitations are.

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Good point. I do have some lifting restrictions still, but my doctor says I can do most office work or light duty jobs.

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That should be fine. Washington ESD looks at whether you can do 'suitable work' which includes jobs that match your restrictions. Just be upfront about your limitations when you register for work search.

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One thing to watch out for - if part of your settlement included payment for lost wages, that could potentially affect your UI benefits. The settlement agreement should spell out what the money is for. If it's just for medical expenses and pain/suffering, you're probably fine. But if it includes wage replacement, Washington ESD might offset some of your benefits.

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I need to check my settlement papers more carefully. Most of it was for medical bills and the injury itself, but there might have been some wage loss included.

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Definitely review those documents. If you're not sure how to interpret the settlement breakdown, you might want to ask your workers' comp attorney to clarify what each portion covers.

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I'm dealing with a similar situation right now but I can't get through to Washington ESD to ask about my specific case. Been trying to call for weeks but either get busy signals or get disconnected after waiting on hold forever. It's so frustrating when you need answers about something this important.

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I had the same problem trying to reach them. What finally worked for me was using a service called Claimyr that helps you get through to Washington ESD agents. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that before. Does it actually work? I'm desperate at this point.

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It worked for me. Saved me hours of calling and getting nowhere. The service connects you directly with an actual Washington ESD agent so you can get your questions answered.

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Don't forget you'll need to do the job search requirements too. Even though you're coming off workers' comp, you still have to log your work search activities and register with WorkSource. Make sure you understand what counts as valid job search activities.

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Oh right, I forgot about that part. How many job contacts do I need to make each week?

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It's usually 3 job search activities per week, but check the current requirements when you file your claim. Things like applying for jobs, attending job fairs, or networking events all count.

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been there done that. workers comp settlement doesn't automatically disqualify you but be ready for extra scrutiny from washington esd. they're gonna want to verify everything about your case and make sure you're not trying to double dip on benefits.

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What kind of extra scrutiny? Should I be worried about anything specific?

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just means they might take longer to process your claim and ask for more documentation. nothing to worry about if you're being honest about everything

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I think there might be some confusion here. Aren't you supposed to wait a certain amount of time after a workers' comp settlement before you can file for unemployment? I thought there was like a 6 month waiting period or something.

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No, there's no automatic waiting period after a workers' comp settlement. You can file for unemployment as soon as you're able and available for work. You might be thinking of disability benefits or something else.

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Oh okay, thanks for clarifying. I must have been thinking of something else.

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Make sure you file your claim as soon as possible. Unemployment benefits are only paid from the date you file, not from when you became unemployed. Since your workers' comp case just settled, you'll want to get your UI claim started right away.

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Good point. I was thinking about waiting a few more weeks to make sure I'm completely ready to work, but I guess I should file now.

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Yeah, you can always start looking for work while your claim is being processed. Just make sure you meet the able and available requirements when you start certifying for benefits.

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Whatever you do, don't try to hide the workers' comp settlement from Washington ESD. They can find out about it anyway and if they think you were trying to hide it, that could cause way bigger problems. Just be upfront about everything from the start.

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Absolutely, I plan to be completely honest about everything. Better to deal with any issues upfront than have problems later.

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Exactly. Washington ESD deals with these situations all the time, so they know what to look for. Being honest from the start makes the whole process smoother.

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I had a coworker who got unemployment after his workers' comp settlement but he had to wait like 2 months for his claim to get approved because of all the paperwork and verification they had to do. Just be patient with the process.

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Two months seems like a long time. Did he eventually get backpay for those weeks?

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Yeah, once his claim was approved he got all the back benefits. The wait was frustrating but it all worked out in the end.

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This is why the whole system is broken!!! You get hurt at work, have to fight for workers comp, then have to jump through more hoops just to get unemployment benefits. It's ridiculous how much red tape there is for people who are just trying to get back on their feet.

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I get the frustration but the system has to have some checks in place. There are people who try to abuse benefits, so they have to verify everything.

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Maybe, but it feels like they make it harder for honest people than for the cheaters sometimes.

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Question - did your settlement include any vocational rehabilitation benefits? If so, that might affect your unemployment eligibility or at least be something you need to report to Washington ESD.

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No, there wasn't any vocational rehab included in my settlement. It was pretty straightforward - just compensation for the injury and medical expenses.

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That should make things simpler then. Vocational rehab can sometimes complicate UI claims because of the training requirements and such.

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I'm going through the same thing right now and I've been trying to get through to Washington ESD for weeks to ask about my specific situation. The wait times are insane and half the time I get disconnected. Finally found this service called Claimyr that actually got me connected to an agent within an hour. Game changer!

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Someone else mentioned Claimyr earlier. Did you actually talk to a real Washington ESD person?

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Yes, it connected me directly to an actual Washington ESD agent who was able to answer all my questions about my workers' comp settlement and UI eligibility. Worth every penny to avoid the phone runaround.

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Just want to add that you should keep all your workers' comp paperwork organized and easily accessible. Washington ESD might ask for copies of your settlement agreement, medical records, or other documentation during the claims process.

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Good advice. I have everything in a folder already but I should probably make copies of the important stuff.

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Yeah, having digital copies saved somewhere is smart too. Makes it easier to upload documents if they need them electronically.

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One more thing to consider - if you're planning to look for work in a different field because of your injury, that might affect your benefit amount. Washington ESD calculates benefits based on your previous wages, but if you can't do the same type of work anymore, it could impact things.

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I hadn't thought about that. I probably can't do heavy warehouse work anymore, so I'm looking at office jobs or lighter work.

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Your benefit amount should still be based on your previous warehouse wages, but you'll need to show you're actively looking for suitable work within your restrictions. Washington ESD has guidelines about what's considered suitable work.

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Don't stress too much about it. Thousands of people in Washington go from workers' comp to unemployment every year. It's not unusual and Washington ESD has processes in place to handle these cases. Just be honest, provide the documentation they ask for, and be patient with the process.

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Thanks, that's reassuring. I was worried it would be some huge complicated thing.

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It's really not as complicated as it seems at first. The key is just being thorough and honest with your application and any follow-up questions they have.

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I was in a similar boat last year - workers comp settlement and then filed for unemployment. The whole process took about a month from filing to getting my first payment. Had to provide some extra documentation but nothing too crazy. Main thing is just being upfront about the settlement and your work restrictions.

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A month doesn't sound too bad. Did they ask for specific documents or just general information?

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They wanted a copy of my settlement agreement and a letter from my doctor about my work restrictions. Pretty standard stuff. Once I provided that, everything moved along smoothly.

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Xan Dae

If you run into problems or need to talk to someone at Washington ESD about your specific case, I'd recommend trying Claimyr. I used it when I had questions about my claim after a work injury and it saved me so much time and frustration. They actually get you connected to real agents instead of just waiting on hold forever.

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That's the third mention of Claimyr in this thread. Seems like it really works for people.

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Xan Dae

It definitely works. I was skeptical at first but after spending weeks trying to get through on my own, it was worth it to actually talk to someone who could give me real answers about my situation.

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