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James Martinez

Can you collect unemployment if you are injured off the job in Washington?

I hurt my back in a skiing accident last month and can't do my warehouse job anymore. My doctor says I need at least 6-8 weeks before I can lift anything over 20 pounds. My employer can't accommodate light duty so they basically told me I'm out of work until I'm healed up. Can I file for Washington ESD unemployment benefits even though I'm injured? This wasn't a work injury so no workers comp. I'm worried they'll say I'm not able and available for work since I can't do physical labor right now.

Olivia Harris

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This is actually more complicated than most people think. For Washington ESD unemployment, you have to be able and available for suitable work. If your injury prevents you from doing your usual occupation but you can do other types of work, you might still qualify. The key is whether you're actively seeking and able to accept suitable employment.

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So if I can do desk work or light duty stuff, that would count as being available? My back injury only affects heavy lifting.

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Olivia Harris

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Exactly. Washington ESD looks at what work you CAN do, not what you can't. If you can perform office work, customer service, or other non-physical jobs, you'd likely meet the able and available requirement.

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You should definitely apply! I was in a similar situation after a car accident. Couldn't do my construction job but could do other work. Washington ESD approved my claim but I had to document what types of jobs I was looking for and applying to. Make sure you have medical documentation about your limitations.

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Did you have any trouble getting through to them when you applied? I've heard it's really hard to reach someone at Washington ESD.

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Oh man, calling Washington ESD was a nightmare. Took me weeks of trying. Actually ended up using this service called Claimyr that helped me get through. They have this system that keeps calling until they connect you with an agent. Worth checking out at claimyr.com - they even have a demo video at https://youtu.be/7DieNd3C7zQ

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Alicia Stern

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wait so you can get unemployment even if you quit because of an injury?? i thought you had to be fired or laid off

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Olivia Harris

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If you quit due to circumstances beyond your control, like a non-work injury that prevents you from performing your job duties, Washington ESD may consider it good cause. But you need proper documentation and the employer has to be unable to accommodate your restrictions.

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Alicia Stern

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oh ok that makes sense. so its not really quitting its more like forced leave

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I've been dealing with Washington ESD for months and they're really strict about the able and available requirement. You'll need to show them exactly what work you CAN do and prove you're actively job searching in those areas. Don't just say you can do 'light work' - be specific about job titles and duties you can perform.

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Good point about being specific. I was thinking data entry, receptionist work, maybe phone customer service. Those don't require lifting.

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Perfect examples. Document those in your job search activities and make sure your weekly claims reflect you're looking in those categories. Washington ESD wants to see you're genuinely seeking work you can actually do.

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Drake

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This is exactly why the unemployment system is broken!! You get hurt through no fault of your own and now you have to jump through hoops to get benefits you paid into. Meanwhile people who get fired for cause somehow get approved. Makes no sense.

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Sarah Jones

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I mean, the system has to have some standards. If everyone who got injured could just collect unemployment indefinitely, it would be abused.

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Drake

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But that's not what anyone is talking about! This person is actively looking for work they CAN do. That's the whole point of being 'able and available' - able to do SOME work, not ALL work.

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Make sure you get a detailed letter from your doctor explaining your work restrictions. Washington ESD will want medical documentation that clearly states what you can and cannot do. Don't let them deny your claim based on assumptions.

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Should the letter mention specific job duties I can still perform, or just the physical limitations?

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Both! List the restrictions (no lifting over X pounds, no prolonged standing, etc.) AND examples of work you can still do. Makes it crystal clear for the adjudicator reviewing your claim.

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Emily Sanjay

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been there done that with washington esd and injuries. took forever to get through to them to explain my situation. finally got connected using some calling service my friend recommended - claimyr i think? anyway once i talked to an actual person they understood my restrictions and approved the claim pretty quick

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Jordan Walker

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How long did it take them to make a decision once you explained everything?

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Emily Sanjay

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about 2 weeks after i submitted all the medical paperwork and job search documentation. the hard part was just getting someone on the phone to walk through my specific situation

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Natalie Adams

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Don't forget about the job search requirement! Even with restrictions, you still need to do your weekly job search activities. Focus on positions that match your current abilities. Washington ESD tracks this stuff closely.

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Right, I need to do 3 job search activities per week. Can those all be online applications or do I need to do other types too?

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Natalie Adams

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Online applications count, but mix it up. Job fairs, networking events, even contacting temp agencies for office work. Variety shows you're serious about finding suitable employment.

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Similar thing happened to my brother but with a knee injury. Washington ESD initially denied him because they thought he wasn't available for work. He had to appeal and show them all the office jobs he was applying for. Eventually got approved but it was a huge hassle.

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How long did the appeal process take? I really can't afford to wait months for this to get sorted out.

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I think it was like 6-8 weeks for the appeal hearing, then another few weeks for the decision. Definitely try to get it right the first time if you can.

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Amara Torres

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Key thing is timing - file your claim as soon as possible after your employer tells you they can't accommodate your restrictions. Don't wait around hoping your injury heals faster than expected. You can always stop claiming if you return to work early.

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Good point. I've already been out of work for almost 2 weeks waiting to see if they'd find me something I could do.

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Amara Torres

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File today if possible. Washington ESD won't pay for weeks before you file your initial claim, so every day you wait is money lost.

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