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Aisha Mahmood

Can I get Washington ESD unemployment if I got hurt at work?

I slipped and fell at my warehouse job last month and injured my back pretty badly. My doctor says I can't do heavy lifting for at least 6 weeks, maybe longer. My employer put me on unpaid leave since they don't have any light duty positions available. I've been getting workers comp payments but they're way less than my regular pay. Can I also file for unemployment benefits with Washington ESD while I'm getting workers comp? I'm really struggling to pay my bills with the reduced income.

You generally can't collect both workers comp and unemployment at the same time in Washington. Unemployment requires you to be able and available for work, but if you're injured and can't work, you don't meet that requirement. Workers comp is supposed to cover you while you're unable to work due to the injury.

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That's what I was afraid of. The workers comp payments are barely covering my rent though.

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Wait, there might be exceptions depending on your specific situation. I'd call Washington ESD to ask about your particular case.

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Actually, there are some situations where you might be eligible for unemployment even with a work injury. If your doctor clears you for light duty work but your employer doesn't have any available, you could potentially qualify. The key is whether you're able and available for SOME type of work, not necessarily your old job.

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My doctor did say I could do desk work or anything that doesn't involve lifting over 10 pounds. My employer just doesn't have those positions.

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Then you might have a case! You'd need to show you're actively looking for work you can physically do and are available for those types of jobs.

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This is getting confusing. How do you even reach someone at Washington ESD to ask about this stuff? I've been trying to call for weeks.

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I had a similar situation last year with a shoulder injury. Couldn't get through to Washington ESD on the phone no matter how many times I tried. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Was able to get my questions answered about working while on workers comp within a few days.

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Is that legit? I'm desperate at this point but don't want to get scammed.

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Yeah it's real. They basically call Washington ESD for you and get you connected when an agent is available. Saved me hours of trying to get through myself.

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How much does something like that cost though?

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I don't remember the exact amount but it was worth it to actually talk to someone instead of getting hung up on constantly.

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The rule is you can't collect unemployment and workers comp for the same period if you're totally unable to work. But if you're partially able to work and looking for jobs within your restrictions, it gets more complicated. Washington ESD looks at each case individually.

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So I should definitely apply and see what happens? I'm worried about getting in trouble for filing when I'm not supposed to.

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If you're genuinely able to do some type of work and actively job searching, you should be fine. Just be honest about your restrictions on your application.

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Ugh the whole system is so confusing. I hurt my wrist at work and they had me jumping through hoops for months. Workers comp, unemployment, disability - nobody could give me a straight answer about what I could get.

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That's exactly what I'm dealing with right now. Everyone tells me something different.

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Same here. It's like they make it confusing on purpose so people give up.

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You need to be very careful about this. If Washington ESD finds out you collected unemployment while unable to work, they can make you pay it all back plus penalties. I've seen people get hit with overpayment notices for thousands of dollars.

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Yikes, that's scary. I definitely don't want to end up owing money.

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That's why it's so important to get the right information from Washington ESD directly instead of guessing.

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I was in a similar boat after a workplace injury. The trick is proving you're able and available for work within your medical restrictions. You'll need documentation from your doctor about what you CAN do, not just what you can't do.

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Good point. I should ask my doctor for a detailed note about what types of work I can perform.

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Exactly. And keep records of all the jobs you apply for that match your restrictions. Washington ESD will want to see you're actively job hunting.

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How do you even find jobs that accommodate work injuries though? Most employers don't want to deal with restrictions.

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I used Claimyr too when I had questions about collecting unemployment after a work injury. The Washington ESD phone system is absolutely terrible - you can spend hours trying to get through. At least with Claimyr you know you'll actually talk to someone who can give you official answers.

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Did they help you figure out if you could collect both workers comp and unemployment?

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They connected me with an Washington ESD agent who explained the specific rules for my situation. Turns out I could collect unemployment for the days I was able to work but my employer didn't have shifts available.

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The bottom line is it depends on your specific medical restrictions and job availability. If you can do some type of work and are actively looking, you might qualify. But you absolutely need to be upfront about your workers comp claim when you apply for unemployment.

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I'll make sure to mention the workers comp claim in my application. Better to be honest from the start.

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Smart move. Washington ESD will find out about the workers comp anyway, so transparency is key.

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Just want to add that timing matters too. If you're in the middle of workers comp treatment and your doctor hasn't cleared you for any work yet, you probably won't qualify for unemployment. But once you're cleared for light duty or modified work, that's when you might be eligible.

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That makes sense. I have a follow-up appointment next week so I'll ask about getting cleared for light duty work.

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Good plan. Having that medical clearance will be crucial for your unemployment application.

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Also remember that even if you get cleared for light duty, you still need to be actively job searching to maintain your unemployment benefits.

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