Can I get ESD benefits after work injury if I can't drive far due to medication?
I got injured at my work site last month (back injury from lifting) and my doctor has me on pain medication that makes me really drowsy. My regular job is 45 minutes away and I honestly can't drive that far safely while on these meds - doctor even wrote a note saying I shouldn't drive more than 15 minutes. My employer doesn't have any positions closer to my home and says I either need to come back or take unpaid leave. I'm getting some L&I payments but it's not enough. Can I apply for unemployment in this situation? My work is technically available but I physically can't get there safely because of the medication restrictions. Anyone been through something similar?
14 comments


Harper Thompson
Unfortunately, you probably won't qualify for regular unemployment. To get UI benefits, you need to be able and available for work, which includes being able to commute to available positions. Since your medication restriction is temporary (I assume), you don't meet the "able to work" requirement right now. Have you talked to your L&I case manager about temporary total disability benefits instead? They should pay more than partial L&I payments if you're unable to work due to the medication restrictions.
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Lucas Bey
•Thanks for the info. My L&I case manager hasn't been very helpful honestly. I'll try calling them again tomorrow. Just worried about bills piling up with the reduced income.
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Caleb Stark
this happnd to my cousin last year...he got workmens comp not unemployment. they dont give u unemployment if ur injurd, its a different program. have u filed the L&I claim properly? thats wat u need
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Jade O'Malley
•This is correct - unemployment and L&I/workers' comp are completely separate programs. You can't typically collect unemployment when you have work-related injury restrictions. The L&I system is designed to handle workplace injuries, while unemployment is for people who are able to work but have lost their job through no fault of their own.
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Hunter Edmunds
Have you tried reaching out to the ESD directly? I was in a similar situation (though mine was pregnancy complications, not an injury) and I spent WEEKS trying to get a clear answer. I finally got through to an actual ESD agent who explained everything clearly. They'll probably tell you the same thing others here have said, but at least you'll have an official answer. The problem is their phone lines are always jammed.
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Ella Lewis
•If you need to reach an ESD agent quickly, I'd recommend trying Claimyr (claimyr.com). They have a service that helps you get through to ESD without waiting on hold for hours. I was skeptical at first but it worked really well for me when I had issues with my claim last month. You can see how it works in their video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - saves a ton of time and frustration when you need to speak to an actual person at ESD.
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Andrew Pinnock
ESD is probably gonna deny you because of the "able and available" requirement. BUT have you asked your doctor about possible alternatives to your current medication that might not cause the drowsiness? I had a similar issue with pain meds after surgery and my doctor was able to switch me to something that didn't make me so out of it. Might be worth asking!
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Lucas Bey
•That's actually a good idea I hadn't thought of. I have an appointment next week and I'll definitely bring that up. The current meds are helping with the pain but the side effects are really limiting.
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Brianna Schmidt
THE SYSTEM IS BROKEN!!!! I went through something similar and got DENIED for everything. L&I said I could work "modified duties" but my job had NOTHING available that met my restrictions. Then unemployment said I wasn't eligible because I had "job attached" status with my employer. CATCH-22 from HELL!!! You need to FIGHT both systems and get a lawyer involved ASAP!!!
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Harper Thompson
•While I understand your frustration, getting a lawyer involved immediately may not be necessary. First, OP should request a formal decision letter from L&I regarding their work restrictions and ability to perform available work. Then if there's truly no light duty work available within those restrictions, they should have their doctor document that clearly. Sometimes it just takes persistence and proper documentation rather than legal action right away.
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Jade O'Malley
There's actually a specific situation called a "shared claim" that might apply here, though it's not common. If you are receiving partial L&I benefits and are able to work part-time or with specific restrictions, you might qualify for partial unemployment benefits to supplement your income. However, this requires very specific documentation from both your healthcare provider and employer confirming that: 1) You can work with specific restrictions 2) Your employer cannot accommodate those restrictions 3) You are actively seeking work that meets your restrictions When you apply, make sure to accurately report your L&I benefits as this will affect your UI benefit calculation. I recommend having detailed documentation of your driving restriction from your doctor and confirmation from your employer that they cannot provide suitable work within that restriction before applying.
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Lucas Bey
•Thank you so much for this detailed information! I didn't know about the "shared claim" option. I'll gather all that documentation and try applying. Really appreciate the specific steps to follow.
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Hunter Edmunds
Just checking back - were you able to get through to ESD or L&I? Any updates on your situation?
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Lucas Bey
•I finally got through to L&I yesterday and had a long talk with my case manager. They're going to reassess my benefits since my employer confirmed they don't have any positions within my 15-minute driving restriction. Also talked to my doctor who's going to try me on a different medication that might have fewer side effects. Thanks everyone for the advice - it really helped me figure out what questions to ask!
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