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Amara Nnamani

Can I collect Washington ESD unemployment while waiting for workers comp decision?

I injured my back at work 6 weeks ago and filed a workers comp claim through L&I. My claim is still under review and they haven't approved or denied it yet. In the meantime, I can't work and I'm not getting any income. Can I file for unemployment benefits through Washington ESD while I wait for the workers comp decision? I'm really stressed about paying my bills and don't know what my options are.

Yes, you can apply for unemployment benefits while your workers comp claim is pending. However, there are some important things to know. You'll need to be able and available for work to qualify for UI benefits, which might be tricky if you're injured. When you file your weekly claims, you'll need to report any workers comp payments you receive.

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But what if I'm not able to work because of the injury? Doesn't that disqualify me from unemployment?

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That's the tricky part. If you're completely unable to work due to your injury, technically you wouldn't meet the able and available requirement. But if you can do some types of work or your restrictions are limited, you might still qualify.

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I went through this exact situation last year. Filed for unemployment while waiting for my workers comp decision from L&I. The key is being honest about your work restrictions when you apply. Washington ESD will determine if you meet the able and available requirements based on your specific situation.

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How long did your workers comp claim take to get decided? And did you have any issues with Washington ESD?

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My L&I claim took about 3 months to get approved. Washington ESD was pretty understanding about the situation. Just make sure you report everything accurately on your weekly claims.

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Been trying to get through to Washington ESD for weeks about this same question and their phone lines are always busy. The wait times are insane. Finally found out about this service called Claimyr that actually gets you through to a real person at Washington ESD. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of trying to call.

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How much does that cost though? I'm already tight on money waiting for my workers comp.

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It's worth checking out their site for details. For me, getting actual answers about my specific situation was worth it instead of spending days trying to get through on my own.

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IMPORTANT: If your workers comp claim gets approved retroactively, you'll need to pay back any unemployment benefits you received for the same time period. This is called an overpayment and Washington ESD will send you a notice. Make sure you understand this before applying.

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Oh wow, I didn't know about that. So I could end up owing money back?

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Yes, that's possible. Workers comp and unemployment can't be paid for the same weeks. But if your workers comp claim gets denied, you'll be fine to keep the unemployment benefits.

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This is such a confusing situation. I'm dealing with something similar but with a different type of injury. The whole system seems designed to make it as difficult as possible to get help when you need it most.

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I feel you. Between L&I and Washington ESD, it's like navigating a maze while you're already stressed about money.

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Exactly! And trying to figure out all the rules when you're in pain and worried about bills is the worst.

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Check with your doctor about what kind of work restrictions you have. If you can do sedentary work or work with certain limitations, that might help your unemployment case. Washington ESD looks at whether you can do ANY type of work, not just your old job.

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That's a good point. My doctor said I can't lift more than 10 pounds but I could probably do desk work.

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Perfect! That should help your unemployment claim. Just make sure to mention that when you apply and in your job search activities.

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Whatever you do, don't try to hide anything from either agency. Both L&I and Washington ESD share information and if they find out you weren't honest, it could affect both claims. Transparency is key.

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Good advice. I definitely don't want to mess up either claim by not being upfront.

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This is so important. I've seen people get in trouble for not reporting things properly to both agencies.

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Also remember that you'll need to be actively looking for work that you can do with your restrictions. Keep a job search log and apply for positions that match your current abilities. Washington ESD still requires job search activities even if you're waiting on workers comp.

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

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It depends on your situation but typically at least 3 job search activities per week. Check your specific requirements when you file.

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I used Claimyr too when I was dealing with a similar situation. Their service helped me get through to Washington ESD and get my questions answered about collecting unemployment while waiting for my workers comp decision. Way better than sitting on hold for hours.

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Did they help you understand the overpayment rules? That's what I'm most worried about.

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Yes, the Washington ESD rep explained everything about potential overpayments and how to handle it if my workers comp got approved later.

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The timing of when you file matters too. If you wait too long to apply for unemployment, you might miss out on benefits for earlier weeks. There's usually a waiting week for unemployment claims, so don't delay if you think you might qualify.

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I didn't know about the waiting week. Should I file as soon as possible then?

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If you think you meet the requirements, yes. You can always withdraw your claim if your workers comp gets approved quickly.

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Been there, done that. Filed unemployment while waiting for L&I decision. Got approved for unemployment, then 4 months later my workers comp got approved retroactively. Had to pay back about $2,800 in unemployment benefits but at least I had income during those months when I really needed it.

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Did you have to pay it all back at once or could you set up a payment plan?

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Washington ESD let me set up a payment plan. They were pretty reasonable about it since it was an honest situation.

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Make sure you understand the difference between temporary disability and permanent disability for your workers comp claim. This can affect your unemployment eligibility and job search requirements.

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My injury is probably temporary but the doctors aren't sure yet. Does that change anything?

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If it's temporary, that's actually better for your unemployment claim since you'll eventually be able to return to full work.

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Don't forget to report any settlement money you might get from workers comp later. That could also affect your unemployment benefits if you get a lump sum payment that covers specific time periods.

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I haven't even thought about settlements yet. This is all so overwhelming.

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Take it one step at a time. Focus on filing for unemployment now if you need the income, and deal with the workers comp stuff as it comes.

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Used Claimyr last month when I needed to talk to someone at Washington ESD about my claim status. Much easier than trying to call during their busy hours. The rep I talked to was really helpful and patient with all my questions.

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How long did it take to get connected?

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Pretty quick actually. Way faster than trying to call on my own. They handle all the waiting and get you to a real person.

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Keep all your documentation organized - medical records, L&I correspondence, Washington ESD paperwork. If there are any issues later, you'll want to have everything in one place.

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Good idea. I'll start a folder with everything. Thanks for all the help everyone!

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You're welcome! Hope everything works out for you. These situations are stressful but it will get resolved eventually.

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One more thing - if your employer contests your unemployment claim, having your workers comp claim documentation can actually help show that you're legitimately unable to work through no fault of your own.

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That's a good point. I hope my employer doesn't contest it but good to know.

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Most employers won't contest legitimate injury cases, especially if you have workers comp documentation. Just be honest about everything.

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I went through this exact situation about two years ago with a shoulder injury. Here's what I learned: You can definitely apply for unemployment while waiting for your L&I decision, but be prepared for some back-and-forth paperwork. The key is being completely transparent with both agencies about your situation. I had to provide medical documentation showing what types of work I could still do (which was limited office work in my case). Washington ESD approved my claim, and when my workers comp got approved 5 months later, I did have to pay back some benefits, but they let me set up a reasonable payment plan. The peace of mind of having some income during those uncertain months was worth it. Just make sure you keep detailed records of everything and don't try to hide anything from either agency.

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This is really helpful to hear from someone who actually went through it! Five months is a long time to wait for the L&I decision. Did you have any trouble with the job search requirements while you were injured? I'm worried about having to apply for jobs when I can barely sit for long periods right now.

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