Can I collect Washington ESD unemployment while on workers comp?

That's what I was afraid of. So even though the workers comp isn't covering my full wages, there's no way to get unemployment to bridge the gap?

Correct, it's an either/or situation. However, once your workers comp case closes and you're released to work but can't find employment, then you could potentially qualify for unemployment benefits.

Even with partial disability benefits from L&I, you still can't collect Washington ESD unemployment simultaneously. The key issue is that if you're receiving any workers comp benefits, it indicates you have a work-limiting condition that would make you 'not available for work' under UI requirements.

thats so messed up, the system really screws over injured workers

Thanks, I'll check that out. I've been trying to call Washington ESD for weeks but can never get through to anyone who can give me a straight answer.

Never heard of Claimyr before but anything that helps get through to Washington ESD sounds worth trying. Their phone system is absolutely terrible.

Did he ever figure out any other options? I'm really struggling to pay my bills with just the workers comp payments.

He ended up having to wait until his workers comp case was settled and he was cleared to return to work. Then he filed for unemployment while job hunting. It was a rough few months financially.

Yeah but workers comp barely covers anything compared to what you were actually making. It's not like people are trying to get rich off the system.

I agree it's not enough, but that's more of an issue with workers comp benefit levels than unemployment eligibility rules.

So basically I need to wait until the workers comp case is completely resolved before I can even think about applying for unemployment?

Not necessarily completely resolved, but you'd need to be released to work and no longer receiving temporary disability benefits. The key is being able and available for work, which is hard to prove while receiving workers comp.

I understand the frustration, but it's because both programs serve as wage replacement for the same period. The state doesn't want to pay double benefits for the same lost wages.

Have you looked into other assistance programs? Sometimes there are other resources available for people on workers comp who are struggling financially.

Oh wow, so even if they approve it initially they can come back and demand repayment? That's terrifying.

Yes exactly. They do periodic reviews and if they find you were receiving other benefits, they'll create an overpayment determination. Much better to not risk it in the first place.

This is why it's so important to be completely honest on your unemployment application about any other benefits you're receiving.

That's a more complex situation. If you're medically cleared to work but your employer can't accommodate your restrictions, you might have a case for unemployment. But you'd still need to stop receiving workers comp temporary disability benefits first.

I think in that situation you'd need to talk to both L&I and Washington ESD to understand how the benefits interact. Definitely not something to guess about.

I feel you on this. Been fighting with L&I for 2 years over my claim. The system definitely isn't set up to help workers.

Have you tried getting help from a workers comp attorney? Sometimes they can help navigate the system better than going it alone.

I'm definitely going to try Claimyr. I've wasted so many hours trying to get through to Washington ESD on my own.

Same here, their regular phone system is absolutely useless. Will check out that service.

Did Washington ESD give you a hard time about it or did they just deny the claim straightaway?

they denied it pretty quick once they saw i was getting l&i benefits. saved me from the overpayment mess i guess

Exactly. And that 60% is often calculated on wages from months or years ago, so it's even less than you think.

Plus they cap the maximum benefit amount, so higher wage earners get screwed even worse.

You'd need to check with L&I about that. Sometimes they allow light duty work in different fields but it depends on your specific restrictions and medical clearance.

Be really careful about working while on workers comp without proper authorization. It can mess up your claim big time.

Good point. How quickly do you need to file after your workers comp ends?

You should file as soon as you're able and available for work. There's no specific deadline but the sooner the better for your benefit year calculation.

That's the unfortunate reality. The system isn't designed to help people bridge the gap when one benefit isn't enough.

Yeah it really sucks for people who are already dealing with injuries and financial stress.

Appeals are possible but the standard is pretty clear - if you're receiving workers comp benefits, you're generally not able and available for work under UI requirements. The appeals process exists but success would be very rare in these cases.

I wouldn't waste time on an appeal for this. The law is pretty straightforward about not being able to collect both benefits simultaneously.

How much does it cost? Is it expensive?

The value is definitely there when you consider how much time you save not dealing with Washington ESD's phone system. Check out their site at claimyr.com for details.

Hang in there. The workers comp process is frustrating but it does eventually get resolved. Make sure you're documenting everything for your case.

Good luck with everything. Hope you heal up quickly and can get back to earning full wages soon.

Not everyone has that option though. A lot of construction and manual labor jobs don't offer good disability coverage.

True, and even when they do offer it, a lot of people can't afford the premiums on top of everything else.