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Jessica Suarez

Can you apply for unemployment after workers comp settlement in Washington state?

I just settled my workers compensation case after being out of work for 8 months due to a back injury. The settlement wasn't huge but it covered my medical bills and some lost wages. Now I'm cleared to work but having trouble finding a job that accommodates my physical restrictions. Can I file for Washington ESD unemployment benefits even though I received a workers comp settlement? I'm worried they might consider the settlement as income that would disqualify me. Has anyone been in this situation before?

Yes, you can absolutely apply for unemployment after a workers comp settlement in Washington. The settlement itself doesn't disqualify you from UI benefits as long as you're able and available for work within your restrictions. The key is that you need to be actively seeking suitable work.

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That's a relief! Do I need to report the settlement amount when I file my initial claim?

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You should report it during the application process, but typically lump sum settlements don't count as weekly income for UI purposes.

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I was in the exact same situation last year after my shoulder injury settlement. Washington ESD approved my claim without any issues. Just make sure you can document that you're able to work with restrictions.

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Did you have to provide medical clearance or anything like that when you applied?

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I had a letter from my doctor stating my work limitations, which helped when they reviewed my claim.

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Just a heads up - I tried calling Washington ESD about this same question and couldn't get through after hours of trying. If you need to speak with someone directly, I found this service called Claimyr (claimyr.com) that actually got me connected to an ESD agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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Really? I've been trying to call for days with no luck. How does that service work exactly?

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They basically handle the calling process for you and get you connected when an agent is available. Saved me so much frustration.

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Interesting, I might have to try that. The phone lines are impossible to get through.

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The important thing is that Washington ESD looks at your current ability to work, not past compensation. As long as you meet the able and available requirements within your medical restrictions, you should qualify. Your work search activities need to be realistic for your limitations though.

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That makes sense. I'm looking for office work now instead of the physical labor I used to do.

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Perfect, just document those job search efforts in your work search log each week.

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wait what about the monetary determination? will the workers comp affect that since you weren't working regular wages for 8 months?

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Good question - Washington ESD will look at your earnings in the base period before the injury, not during the workers comp period.

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Oh right, I was working full time for 3 years before my injury so hopefully that base period looks good.

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Been there! One thing to watch out for - make sure you're not getting any ongoing workers comp payments while collecting UI. That could create issues.

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No, my case is completely closed. The settlement was final and I'm not getting any ongoing payments.

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Then you should be good to go. Just be honest about everything in your application.

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UGH the whole system is so confusing! Why can't they just give us clear answers about this stuff?

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I know it's frustrating, but the rules are actually pretty straightforward once you understand them.

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Maybe for you but I've been trying to figure this out for weeks!

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Make sure you apply as soon as possible since there's a waiting week. Don't delay thinking you might not qualify.

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Good point, I'll start the online application today. Better to find out for sure than keep wondering.

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I had a similar situation with a work injury but mine went to appeal because I initially got denied. Turned out they just needed more documentation about my ability to work.

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What kind of documentation did they want?

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Medical release forms and a detailed description of what kind of work I could do with my restrictions.

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Same here - having that doctor's letter really helped clarify things for them.

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Pro tip: when you do your work searches, focus on jobs that actually fit your restrictions. Don't just apply everywhere or they might question if you're really able and available.

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That's smart advice. I'll make sure my job search is targeted to positions I can actually perform.

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Another vote for that Claimyr service - I used it last month when I had questions about my claim status and actually got through to someone. Way better than sitting on hold forever.

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How much does it cost though? Is it worth it?

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For me it was worth it just to avoid the phone frustration. Check out their video demo to see if it makes sense for your situation.

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Just curious - was your settlement through L&I or private insurance? Might make a difference in how ESD handles it.

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It was through L&I. Why would that matter?

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Probably doesn't, but L&I and ESD are both state agencies so they might have better communication about your case.

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The main thing is being honest about your physical limitations when you apply. Don't try to hide them or act like you can do work you can't actually do.

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Absolutely, I learned that lesson during the workers comp process. Honesty is definitely the best policy.

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omg this whole thread is so helpful! I'm in almost the exact same boat and was so worried about applying

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Right? I was stressed about it too but everyone's advice here makes me feel much better about moving forward.

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Don't stress too much - Washington ESD deals with these situations regularly. They understand the difference between workers comp and unemployment.

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One more thing - if you get called for an eligibility interview, don't panic. Just explain your situation clearly and you should be fine.

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Good to know that might happen. I'll be prepared to explain everything if they call.

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Timeline wise, how long did it take for people to get approved after applying with a workers comp background?

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Mine took about 3 weeks, but that included time for them to review my medical documentation.

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Mine was delayed because I got sent to adjudication initially, but once that cleared it was processed normally.

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Thanks everyone for sharing your experiences! This gives me confidence to file my claim. Really appreciate all the helpful info.

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Same here! This community is amazing for getting real answers from people who've actually been through it.

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Update us when you hear back from Washington ESD! Always curious how these situations turn out.

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Will do! I'm going to file the application this afternoon and see what happens.

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Best of luck with everything! Sounds like you have a solid case for getting approved.

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Thank you! Feeling much more optimistic after all this great advice.

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If anyone else has questions about workers comp and unemployment, definitely try that Claimyr thing to talk to an actual ESD person. Way easier than trying to guess from online info.

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Agreed, sometimes you just need to talk to someone who knows the system inside and out.

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