Can you collect Washington ESD unemployment if you are on workers comp?
I'm currently receiving workers compensation benefits for a back injury I got at my warehouse job 6 weeks ago. My doctor says I won't be cleared to return to work for at least another month, maybe two. A friend told me I might be able to get unemployment benefits while I'm on workers comp but I'm not sure if that's true. Has anyone dealt with this situation before? I'm worried about making ends meet since workers comp only covers about 60% of my wages.
54 comments


Isabel Vega
Unfortunately, you generally cannot collect Washington ESD unemployment benefits while receiving workers compensation. The state considers workers comp as temporary wage replacement, so you're not considered 'unemployed' in the traditional sense. You'd need to be able and available for work to qualify for UI benefits, which you're not if you're medically restricted.
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Laila Prince
•That's what I was afraid of. So there's really no way around this? The financial hit is pretty tough.
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Dominique Adams
•Yeah this is correct. I tried to file for UI while on workers comp last year and Washington ESD denied my claim immediately.
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Marilyn Dixon
Wait, I think there might be some exceptions to this rule. If your workers comp case gets closed or if you're cleared for light duty work but your employer can't accommodate that, you might be able to file then. It's complicated though and you'd probably need to talk to someone at Washington ESD directly.
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Isabel Vega
•You're partially right about the light duty situation, but it has to be very specific circumstances. The employer would need to formally refuse to provide suitable work within your restrictions.
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Laila Prince
•Interesting. My employer did say they don't have any light duty positions available right now. Would that qualify?
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Louisa Ramirez
I had a similar situation two years ago with a shoulder injury. Couldn't get UI while on workers comp, but once my case was settled and I was released to look for new work, I was able to file then. The key is you have to be able and available for work to get unemployment benefits.
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Laila Prince
•How long did your workers comp case take to settle? I'm hoping mine doesn't drag on forever.
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Louisa Ramirez
•Mine took about 4 months total. The settlement process itself was pretty quick once my doctor said I was at maximum medical improvement.
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TommyKapitz
You know what might help you get through to Washington ESD faster to ask about your specific situation? I recently discovered this service called Claimyr (claimyr.com) that helps you actually reach a live agent without waiting on hold forever. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out since these workers comp/UI overlap questions can be really complex.
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Laila Prince
•Thanks, I'll check that out. I've been dreading trying to call Washington ESD because I know how hard it is to get through.
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Angel Campbell
•Never heard of that service but anything that helps get through to ESD sounds good to me. Their phone system is awful.
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Payton Black
this is frustrating because workers comp doesn't pay enough to live on!! why can't we get both when we're hurt because of work?? seems unfair
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Isabel Vega
•I understand the frustration, but the system is designed to prevent 'double-dipping' on benefits. Workers comp is specifically for work-related injuries and is meant to be your primary support during recovery.
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Payton Black
•yeah but 60% of wages doesn't cover rent and bills, especially these days
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Dominique Adams
The timing matters a lot here. If your workers comp benefits end before you're cleared to return to your old job, then you might be able to file for unemployment at that point. But you'd still need to be medically cleared to work in general, not just your specific job.
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Laila Prince
•That's a good point. My doctor mentioned I might be cleared for desk work before heavy lifting. Would that make me eligible even if my warehouse job isn't available?
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Isabel Vega
•Potentially yes, but you'd need to be actively searching for work you can physically do. Washington ESD would expect you to document your job search efforts.
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Harold Oh
I went through something similar with a knee injury. The overlap period is tricky - you basically can't get UI while getting workers comp payments, but there might be a window when workers comp ends and you're still looking for work. Definitely worth talking to ESD about your specific timeline.
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Laila Prince
•Did you have any issues with Washington ESD when you applied after workers comp ended?
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Harold Oh
•No major issues, but they did ask for documentation from my doctor and the workers comp claim. Just be prepared with paperwork.
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Marilyn Dixon
Another thing to consider - if your injury prevents you from doing your regular type of work permanently, you might qualify for vocational rehabilitation services through the state. That's different from regular unemployment but could provide some support while you retrain.
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Laila Prince
•I haven't heard about vocational rehab services. Is that through Washington ESD or a different agency?
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Marilyn Dixon
•It's actually through the Department of Social and Health Services, but Washington ESD can sometimes coordinate with them for job training programs.
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Amun-Ra Azra
just want to say this whole system is confusing as hell. why can't they make it simple - if you're hurt and can't work, you should get help period
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Payton Black
•exactly!! it's like they make it complicated on purpose
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Isabel Vega
•The complexity comes from trying to prevent fraud and overlap between different benefit systems. Not saying it's perfect, but there are reasons for the rules.
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Summer Green
I used to work in HR and dealt with these situations. The key question Washington ESD will ask is whether you're 'able and available' for work. If you're medically restricted from any work, the answer is no. If you're cleared for some types of work but not others, it gets more complicated and you'd need to prove you're actively seeking suitable employment.
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Laila Prince
•That's really helpful context. So it sounds like the medical clearance is the crucial factor, not just whether workers comp has ended.
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Summer Green
•Exactly. And Washington ESD will want documentation from your treating physician about what work activities you can and cannot perform.
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Gael Robinson
Has anyone tried that Claimyr thing the other person mentioned? I've been trying to reach Washington ESD for weeks about a different issue and getting nowhere with their regular phone system.
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TommyKapitz
•Yes, I used it last month and actually got through to a live person in about 20 minutes instead of the usual hours of waiting. Worth the try for complex questions like this workers comp situation.
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Gael Robinson
•That sounds too good to be true but I'm desperate enough to try anything at this point!
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Edward McBride
One more consideration - some people think they can file for UI immediately after a work injury, but you usually need to wait until there's a determination about whether you'll return to your job or not. If your employer is holding your position open, that affects your eligibility too.
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Laila Prince
•My employer said they'd hold my job for up to 12 weeks, but they can't guarantee anything beyond that. Does that impact when I could potentially file?
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Edward McBride
•It might. If they're holding your job open, Washington ESD might consider you temporarily laid off rather than unemployed. These nuances are exactly why you need to talk to them directly.
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Darcy Moore
this happened to my brother in law. he couldn't get unemployment while on workers comp but once his case closed he was able to file. took about 3 months total
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Laila Prince
•Was there any gap between when his workers comp ended and when unemployment started? I'm worried about having no income during a transition period.
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Darcy Moore
•yeah there was like a 2 week gap while his UI claim was processing. that was rough financially
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Dana Doyle
Don't forget about the job search requirements if you do become eligible for UI later. Even if you're looking for work within your medical restrictions, you still need to log your job search activities and meet the weekly requirements.
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Laila Prince
•Good point. I assume I'd need to register with WorkSourceWA too?
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Dana Doyle
•Yes, that's typically required within a certain timeframe after filing your initial claim.
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Liam Duke
The bottom line is this is complicated enough that you really need to speak with Washington ESD directly about your specific situation. Every workers comp case is different and the timing of benefits can vary a lot.
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Laila Prince
•I agree, I think I need to bite the bullet and try to call them. Maybe I'll try that Claimyr service to actually get through.
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Manny Lark
•That's probably your best bet. These overlap situations are too specific for general advice from strangers on the internet.
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Rita Jacobs
Just remember if you do eventually qualify for UI, you'll need to report any workers comp settlement or ongoing payments. Washington ESD takes those into account when calculating benefits.
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Laila Prince
•Thanks for the heads up. This is all more complicated than I expected when I first got injured.
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Rita Jacobs
•Unfortunately work injuries create a lot of bureaucratic headaches on top of the physical recovery. Hang in there.
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Khalid Howes
I know someone who managed to get UI after their workers comp ended but before they were fully healed. They were cleared for light duty work and actively looking for jobs they could physically handle. Took some documentation but it worked out.
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Laila Prince
•That gives me some hope. I'm hoping my situation might be similar once I get a bit further along in recovery.
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Khalid Howes
•Just make sure you have all your medical documentation organized. Washington ESD will want detailed info about your work capabilities.
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Ben Cooper
Final thought - consider talking to a workers comp attorney if your case is complex. They often know the ins and outs of how these benefits interact and can advise you on timing your UI application for the best outcome.
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Laila Prince
•I hadn't thought about getting an attorney involved. Is that expensive?
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Ben Cooper
•Many workers comp attorneys work on contingency, meaning they only get paid if you get a settlement. Consultation might be free.
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