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Sean Kelly

Can I get Washington ESD unemployment if I get injured outside of work?

I'm currently employed full-time but I'm worried about what would happen if I got hurt in an accident or something outside of work. Like if I broke my leg skiing or got in a car accident on the weekend. Would I be able to get unemployment benefits from Washington ESD if I couldn't work because of an injury that wasn't work-related? I know there's workers comp for on-the-job injuries but I'm not sure about other situations. Has anyone dealt with this before?

This is actually a complicated situation. If you're injured outside of work and can't perform your job duties, you might be eligible for unemployment BUT only if you're still able and available for work in general. Washington ESD requires you to be physically capable of working and actively seeking employment. If your injury prevents you from working entirely, you wouldn't qualify for UI benefits.

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So it depends on how severe the injury is? Like if I could still do desk work but not my current physical job?

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Exactly. You'd need to be able to accept suitable work offers. If you can only do limited types of work, you'd need to show you're actively searching for jobs within your physical limitations.

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I went through this last year when I tore my ACL playing basketball. My employer couldn't accommodate light duty so they let me go. I was able to get unemployment because I could still do office work, but I had to prove to Washington ESD that I was looking for jobs I could physically handle. It took forever to get through to someone to explain my situation though.

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How long did it take to get approved? Did they make you jump through a lot of hoops?

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About 6 weeks total. The hardest part was actually reaching someone at Washington ESD to explain my situation. I must have called hundreds of times.

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Wait, this doesn't sound right. If you're injured and can't work, shouldn't you be applying for disability benefits instead of unemployment? I thought unemployment was only for people who lost their jobs through no fault of their own, not for medical issues.

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Both can potentially apply depending on the situation. Short-term disability is for when you can't work at all due to medical reasons. Unemployment is for when you're able to work but don't have a job. If someone loses their job due to an injury but can still work in some capacity, they might qualify for UI.

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This is why it's so confusing! I've been trying to figure out the same thing for weeks.

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I actually found a service called Claimyr that helped me get through to Washington ESD when I had a similar question about medical restrictions. They have this system that calls for you and gets you connected to an actual agent. Check out claimyr.com - they even have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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That sounds too good to be true. How does it actually work? Do they charge a lot?

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It's legit - basically they handle all the calling and waiting for you. When they get an agent on the line, they conference you in. I was skeptical too but it actually worked. Much better than sitting on hold for hours.

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I used them too when my claim was stuck in adjudication. Got through to someone the same day I signed up.

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The key thing Washington ESD looks for is whether you're 'able and available' for work. If you have medical restrictions, you need to be upfront about them but also show you can still work within those limits. They'll ask for medical documentation and you'll need to register with WorkSource WA and show you're actively job searching for positions you can physically perform.

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What kind of medical documentation do they typically want? Just a doctor's note?

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Usually they want something more detailed than just a basic note. They need to understand your specific limitations and what types of work you can still do. A functional capacity evaluation from your doctor would be ideal.

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This is so stressful to think about! What if I get hurt and my employer fires me but I can't prove I'm still able to work? Seems like you could fall through the cracks and not qualify for anything.

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That's why it's important to document everything with your doctor and be very clear about what you can and can't do. Don't assume you won't qualify - many people with temporary restrictions do get approved for UI.

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Yeah don't panic about it. Cross that bridge if you come to it. Most injuries aren't that severe anyway.

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I think people are overcomplicating this. If you get fired because you can't do your job due to an injury, you should be able to get unemployment. The employer would have to prove it was your fault somehow.

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It's not that simple though. Being unable to perform your job duties due to a medical condition could be considered a voluntary quit in some cases, especially if reasonable accommodations were offered.

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That seems really unfair. So if I get hurt in a car accident and my employer can't accommodate me, I'm just screwed?

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Not screwed, but you'd need to prove you're still able to work in some capacity. The system is designed to help people who are ready, willing, and able to work but just don't have a job.

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My cousin went through this exact situation. She hurt her back in a fall at home and couldn't do her nursing job anymore. She got unemployment but had to prove she was looking for desk jobs and other work she could do with her restrictions. Took like 8 weeks to get approved.

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8 weeks?! That's a long time to go without income. Did she have to do anything special to prove she was job searching?

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She had to keep detailed records of all her job applications and show that she was only applying for jobs that matched her physical limitations. WorkSource helped her with that part.

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The Washington ESD website is pretty clear about this - you have to be able to work to get unemployment. But 'able to work' doesn't mean you have to be able to do every type of job. If you can work but just not your previous job due to injury, you might still qualify.

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Have you actually looked at their website recently? I tried to find info about this and it was pretty confusing.

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Yeah their website isn't great for specific situations like this. That's why so many people end up having to call and talk to someone directly.

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Just be aware that if you do get approved for unemployment with medical restrictions, you'll still have to do the weekly job search requirements. You can't just sit at home collecting checks - you have to prove you're actively looking for work you can physically do.

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That makes sense. How many jobs do you have to apply for each week?

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I think it's 3 job search activities per week, but some of those can be things like attending job fairs or training programs, not just applications.

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Whatever you do, don't lie about your physical limitations. Washington ESD will find out and it could disqualify you permanently. Better to be honest upfront about what you can and can't do.

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Good point. I definitely wouldn't want to risk getting in trouble for fraud or something.

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Exactly. They take that stuff seriously. Just be honest and work with them to figure out what types of jobs you can do.

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I used Claimyr when I needed to talk to someone about my claim after I had surgery. Honestly it was a lifesaver because I couldn't sit on hold for hours while recovering. They got me connected within a few hours and the agent was able to explain exactly what documentation I needed for my situation.

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Did they help you figure out if you qualified or just connect you to Washington ESD?

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They just handle the calling part - once you're connected, you talk directly to the Washington ESD agent. But that's exactly what I needed since I couldn't get through on my own.

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The bottom line is it depends on your specific situation. If you can work but just not your current job, you might qualify. If you can't work at all, you probably won't. Washington ESD will make that determination based on medical documentation and your job search efforts.

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That's a helpful way to think about it. So the key is proving I'm still able to work in some capacity.

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Right. And being able to prove you're actively looking for work within your physical limitations. It's not automatic but it's definitely possible.

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I'd also suggest looking into short-term disability through your employer if you have it. That might be a better option than unemployment depending on your situation. Some people can get both but there are usually offsets.

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I don't think my employer offers short-term disability. Is that something you can buy on your own?

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You can buy individual disability insurance but it's pretty expensive and usually has waiting periods. Better to look into it before you need it.

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Has anyone actually tried calling Washington ESD about this? I've been wondering the same thing but haven't been able to get through to ask.

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That's exactly why I mentioned Claimyr earlier. Trying to call Washington ESD directly is basically impossible. I tried for weeks before I found that service.

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I might have to check that out. This is too important to just guess about.

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Don't forget that even if you qualify for unemployment with restrictions, you'll still need to file your weekly claims and report any work or income. The rules don't change just because you have medical limitations.

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Good reminder. I assume you still have to report any part-time work or gig work too?

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Yep, anything you earn has to be reported. They'll reduce your benefits accordingly but you can usually still get partial unemployment.

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Thanks everyone for all the info. Sounds like the answer is 'it depends' but there's definitely a possibility of getting unemployment if you're injured outside of work. The key seems to be proving you're still able to work in some capacity and actively job searching.

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That's a good summary. Every situation is different so it's worth talking to Washington ESD directly if you find yourself in this position.

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Definitely helpful to know it's at least possible. Hopefully I never have to deal with this but good to understand the process just in case.

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