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Olivia Harris

Can I get Washington ESD unemployment while on workers comp - denied claim need help

My Washington ESD unemployment claim got denied because I'm receiving workers compensation benefits. I hurt my back at my warehouse job 4 months ago and have been on workers comp since then. My doctor says I can do light duty work but my employer doesn't have any light duty positions available. I thought I could file for unemployment since I'm able to work just not at my regular job. The denial letter mentions something about being 'able and available' but I am available for other work that doesn't require heavy lifting. Has anyone successfully gotten unemployment while on workers comp in Washington? I really need the income since workers comp only covers about 60% of my wages.

Unfortunately Washington state doesn't allow you to collect both workers comp and unemployment benefits at the same time. The 'able and available' requirement means you have to be available for ALL types of work in your field, not just light duty. If you have medical restrictions that limit what jobs you can accept, Washington ESD considers you not fully available for work.

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That seems so unfair though. I want to work and I'm actively looking for jobs that fit my restrictions. Why should I be penalized?

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I know it sucks but that's how the system works. The reasoning is that if you're getting workers comp, you're not truly unemployed - you're temporarily disabled from your job.

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There might be some exceptions depending on your specific situation. If your workers comp benefits have ended or if you've been released to full duty but your employer still won't take you back, you could potentially qualify. You'd need to appeal the denial and provide medical documentation showing you're cleared for all work activities. The key is proving you meet the 'able and available' standard.

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My workers comp is still active but I haven't gotten a final settlement yet. My doctor won't clear me for full duty because of lifting restrictions. Sounds like I'm stuck until that changes.

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Unfortunately yes, with active workers comp and medical restrictions you won't qualify for UI benefits. Once you get a final medical determination you'll have more options.

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Drake

I went through something similar last year. The Washington ESD phone system is impossible to get through to ask about these complicated situations. I spent weeks trying to call and either got busy signals or got disconnected after waiting on hold for hours. Finally found this service called Claimyr at claimyr.com that actually got me through to a real Washington ESD agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. The agent was able to explain exactly why my claim was denied and what I needed to do.

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How much does that cost? I'm already strapped for cash and can't afford to pay a lot just to talk to someone.

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Drake

It's worth checking out their site for the details. For me it was worth it to finally get real answers instead of guessing what to do. The agent confirmed I couldn't get UI while on workers comp but explained other programs I might qualify for.

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Never heard of this service but sounds interesting. Did they actually help resolve your issue or just explain why you were denied?

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This whole system is ridiculous! You pay into unemployment insurance for years and then when you actually need it they find every excuse to deny you. Workers comp barely covers your bills and now you can't even get unemployment to make up the difference. Meanwhile people who quit their jobs for no reason can sometimes get benefits.

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I feel your frustration but there are good reasons for these rules. Unemployment is for people who are unemployed through no fault of their own AND are able to work. If you're on workers comp you're essentially still employed but temporarily disabled.

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That's a technicality that doesn't help people who are struggling financially. The rules should be more flexible for situations like this.

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Have you looked into other assistance programs while you're on workers comp? There might be disability benefits, food assistance, or housing help available that could bridge the gap until your workers comp case is resolved.

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I haven't really looked into other programs. Do you know where I should start looking?

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Check with DSHS for food and medical assistance. Also look into any union benefits if you're in a union. Some counties have emergency assistance programs too.

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One thing to consider - if your workers comp case gets settled and you're still unable to return to your original job, you might qualify for retraining benefits through Labor & Industries. That could open up new career paths that work with your physical limitations.

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I hadn't thought about retraining. My back injury probably means I can't do warehouse work anymore long-term. How do I find out about those programs?

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Contact your L&I case manager or look on the L&I website. Vocational rehabilitation is part of workers comp benefits if you can't return to your old job due to your injury.

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Same thing happened to my brother in law. He was on workers comp for a shoulder injury and tried to get unemployment when his temp benefits ran out. Washington ESD denied him immediately. He had to wait until his workers comp case was completely closed before he could apply for UI benefits.

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How long did his workers comp case take to close? Mine feels like it's dragging on forever.

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Took him almost 2 years from injury to final settlement. The legal stuff takes forever unfortunately.

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2 years?? That's insane. How do people survive financially during that time?

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If you decide to appeal the unemployment denial, make sure you understand the timeline. You have 30 days from the denial date to file an appeal. Even if you don't think you'll win, sometimes it's worth appealing to get a hearing where you can present your case more thoroughly.

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Is it worth appealing if I'm still on active workers comp? Seems like it would just be a waste of time.

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Probably not worth it while you're still receiving workers comp payments and have medical restrictions. Wait until your situation changes medically or legally.

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I used to work for Washington ESD and can confirm that concurrent benefits (workers comp + unemployment) are not allowed. The only exception might be if you're working part-time at a different job while on workers comp and then lose that part-time job. But even then it gets complicated with the medical restrictions issue.

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I actually did try to get a part-time office job but couldn't find anything that would work around my medical appointments and physical therapy schedule.

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That's another complication - if you're not available for work due to medical appointments, that affects the 'available for work' requirement too.

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The system really doesn't account for real life situations does it? People have medical needs but still want to work.

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Have you considered consulting with a workers comp attorney? They might be able to help you understand your options better and possibly speed up your case resolution. Many work on contingency so you don't pay unless you win.

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I've been thinking about getting a lawyer but wasn't sure if it was worth it. My case seems pretty straightforward - clear work injury with witnesses.

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Even straightforward cases can benefit from legal help, especially if it's taking a long time to resolve. They know how to navigate the system efficiently.

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This is exactly why I tell everyone to have an emergency fund. You never know when you'll get injured or laid off and have to deal with bureaucratic nonsense like this. The government systems aren't designed to actually help people quickly.

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Easy to say when you have extra money to save. Most people are living paycheck to paycheck and can't build up savings.

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Not helpful advice for someone who's already in this situation.

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Another option - if you haven't already, make sure you're getting the maximum workers comp benefits you're entitled to. Sometimes there are additional benefits like mileage reimbursement for medical appointments or vocational counseling that people don't know about.

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I am getting mileage reimbursement but hadn't heard about vocational counseling. Is that automatic or do I have to request it?

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You usually have to request it through your case manager. It's available if your injury prevents you from returning to your usual occupation.

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I tried the Claimyr service someone mentioned earlier when I had issues with my unemployment claim last year. It actually worked - got me through to a Washington ESD agent in like 20 minutes instead of spending days trying to call. The agent was able to look at my specific case and explain exactly what was holding up my benefits. Might be worth trying if you want to talk to someone directly about your situation.

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Did they help you get your benefits approved or just explain why you were denied?

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In my case they helped me understand what additional documentation I needed to provide. Once I submitted that my claim was approved. Every situation is different though.

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The whole able and available requirement is so strict in Washington. I know someone who was denied unemployment because they could only work day shifts due to childcare issues. They consider any limitation on your availability as not meeting the requirement.

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That's ridiculous. People have real life constraints but still want to work.

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The rules are definitely strict but they're designed to ensure benefits go to people who are truly ready to accept any suitable job offer.

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Just want to say hang in there. I went through a similar situation with a work injury and it eventually got resolved. Focus on your recovery and work with your medical team and case manager to get the best outcome possible.

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Thanks for the encouragement. Some days it feels hopeless dealing with all this bureaucracy while trying to heal.

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I totally understand. Take it one day at a time and don't be afraid to ask for help when you need it.

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Look into whether your employer offers any disability insurance through their benefits package. Sometimes there are short-term or long-term disability benefits that could supplement your workers comp payments.

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I'll check my employee handbook. I know we had some kind of disability insurance but I never paid attention to the details before I needed it.

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Definitely worth checking. Even if it's not much it could help bridge the gap until your workers comp case is resolved.

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Has anyone successfully gotten unemployment after their workers comp case ended? I'm in a similar situation and wondering what to expect when my case closes.

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Yes, once your workers comp case is completely closed and you're medically cleared for full duty, you can apply for unemployment if you don't have a job to return to.

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Good to know there's light at the end of the tunnel. This whole process has been exhausting.

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The timing of when you can apply for unemployment after workers comp ends depends on your specific medical release and whether you have a job to return to. If your employer can't accommodate your permanent restrictions, that's when unemployment becomes an option.

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My employer already told me they don't have any positions that fit my lifting restrictions. So I'm basically waiting for the medical and legal process to finish.

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Make sure you get that in writing from your employer. It could be important documentation for both your workers comp case and any future unemployment claim.

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I've been following this thread and just wanted to add - if you do end up needing to call Washington ESD about this, I had good luck with that Claimyr service too. I was skeptical at first but it really did get me through to an agent quickly. Sometimes talking to a real person helps clarify these confusing situations better than trying to figure it out from websites and letters.

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At this point I'm willing to try anything to get some real answers about my options. Thanks for the recommendation.

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Hope it helps. These situations are stressful enough without having to guess what the rules actually mean.

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Bottom line - focus on your workers comp case first since that's your primary source of income right now. Once that's resolved you'll have a clearer picture of your employment options and whether unemployment benefits make sense. Don't stress too much about unemployment until you know your final medical status.

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You're right. I think I was getting ahead of myself trying to solve everything at once. Need to take this step by step.

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