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Savannah Glover

Can you collect unemployment while on workers comp in Washington state?

I got injured at work last month and I'm currently receiving workers compensation benefits through L&I. My doctor says I can't return to my regular job for at least another 6-8 weeks. A coworker mentioned I might be able to get unemployment benefits too since I'm not working. Is this actually possible in Washington? Can you collect both Washington ESD unemployment and workers comp at the same time? I'm really confused about how this works and could use some clarity.

Generally speaking, you cannot collect both unemployment insurance and workers compensation benefits simultaneously in Washington state. The reason is that unemployment requires you to be able and available for work, while workers comp typically means you're unable to work due to your injury. These are conflicting eligibility requirements.

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That makes sense actually. I guess I can't be available for work if I'm medically unable to work. Thanks for clarifying that.

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Wait but what if you're on light duty restrictions? Like you can work but not your regular job?

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There might be some exceptions though. If your workers comp benefits end but you still can't return to your original job, you might be eligible for unemployment then. Also if you're cleared for light duty work but your employer doesn't have light duty available.

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Interesting. So it's more about the timing and specific circumstances rather than a blanket no?

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Exactly. The key is whether you meet the able and available requirement for UI benefits at that specific time.

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I've been trying to get through to Washington ESD about a similar question for weeks now. Their phone lines are always busy and I keep getting disconnected. Has anyone found a way to actually talk to someone there?

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Really? How does that work exactly? I'm getting desperate here.

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They basically handle the calling and waiting for you, then connect you when an agent picks up. Way better than sitting on hold for hours.

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THIS WHOLE SYSTEM IS SO CONFUSING!!! Why can't they just give straight answers about what you can and can't do? I've been going in circles trying to figure out my benefits for months.

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I feel your frustration. The rules are complex because they're trying to prevent double-dipping while still helping people in legitimate need.

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I get that but they could at least make the information easier to find and understand.

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Let me add some more detail about the specific scenarios where you might be eligible for unemployment after workers comp. If your workers comp benefits are terminated because you've reached maximum medical improvement but you still can't do your previous job, you may qualify for UI benefits if you're able to do some type of work.

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What about if you're in vocational rehabilitation through L&I? Can you get unemployment during that?

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Vocational rehab through L&I typically provides its own benefits, so you probably wouldn't be eligible for UI during that period.

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I was on workers comp for 8 months last year. When my benefits ended, I was cleared for light duty but my employer laid me off instead of accommodating my restrictions. That's when I became eligible for unemployment benefits.

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So the key was that your workers comp ended first, then you became unemployed through no fault of your own?

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Exactly. I wasn't collecting both at the same time. Workers comp ended, then I qualified for UI because I was laid off and able to work with restrictions.

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Did you have any trouble with the unemployment application process after being on workers comp?

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Another important point - if you're receiving temporary total disability payments from L&I, you definitely cannot collect unemployment at the same time. TTD specifically means you're totally unable to work.

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What's the difference between TTD and partial disability payments?

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TTD is when you can't work at all. Partial disability is when you can work but with limitations or at reduced capacity.

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same thing happened to my brother in oregon

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Each state has different rules though, so what applies in Oregon might not be the same as Washington's requirements.

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oh right, didnt think about that

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I'm currently dealing with this exact situation. My L&I claim was accepted but I'm only getting partial benefits because they say I can do sedentary work. My employer doesn't have any sedentary positions available. Wondering if I should apply for unemployment to make up the difference.

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If you're able to do sedentary work and actively seeking employment, you might qualify for UI benefits. The key is proving you're able and available for work within your restrictions.

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That's helpful. I'll need to document my job search efforts if I apply then.

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Make sure you're clear about your work restrictions when you apply. Washington ESD needs to know what type of work you can and cannot do.

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The waiting periods are killer too. Even if you do qualify for unemployment after workers comp, there's usually a waiting week before benefits start.

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Wait, they still have the waiting week? I thought that was eliminated during COVID.

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It was temporarily eliminated but I think it's back now. You'd need to check the current Washington ESD rules.

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Here's what I learned from my experience: Keep detailed records of everything. All your medical reports, L&I correspondence, employment records. If you do apply for unemployment later, you'll need documentation to prove your eligibility.

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Good advice. I've been keeping copies of everything already but I'll make sure I'm extra thorough.

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Yes! And keep records of any job search activities too, even if you're not actively looking yet due to your injury.

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One thing to watch out for - if you do end up eligible for both programs at different times, make sure you report any workers comp settlements or ongoing benefits when you apply for unemployment. Washington ESD will find out anyway and it's better to be upfront.

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What happens if you don't report it?

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They'll consider it an overpayment and you'll have to pay back the unemployment benefits plus penalties. Not worth the risk.

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Definitely don't want to deal with overpayment issues on top of everything else.

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I used Claimyr to get through to Washington ESD when I had questions about this exact topic. Much easier than trying to call on my own. The agent was able to explain my specific situation and what options I had.

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Was it expensive to use that service?

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It was worth it for me given how much time I was wasting trying to get through on my own. They have all the details on their website.

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Don't forget about the job search requirements if you do qualify for unemployment. You'll need to be actively looking for work within your medical restrictions and document those efforts.

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How many jobs do you need to apply for each week in Washington?

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I think it's 3 job search activities per week, but check the current requirements on the Washington ESD website since they change sometimes.

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The bottom line is you really need to talk to both L&I and Washington ESD about your specific situation. Every case is different and there might be nuances that apply to your particular circumstances.

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You're right. I'll contact both agencies to get official guidance rather than trying to figure it out on my own.

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Smart approach. Better to get the facts straight from the source than make assumptions.

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I had a friend who tried to collect both at the same time without realizing it wasn't allowed. Ended up with a huge mess to sort out later. Just be careful and make sure you understand the rules before you apply.

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What kind of mess? Like they had to pay money back?

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Yeah, overpayment issues and it went on their record. Took months to resolve everything.

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Thanks everyone for all the helpful information. This thread has been really educational. I feel like I have a much better understanding of how these programs interact now.

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Glad we could help clarify things. Good luck with your recovery and getting back to work when you're ready.

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Same here. Really appreciate everyone taking the time to share their knowledge and experiences.

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One last thing - if your injury prevents you from returning to your previous type of work permanently, you might want to look into retraining programs through both L&I and WorkSource. They sometimes have programs that can help you transition to a new career.

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That's something I hadn't considered. Hopefully I'll be able to return to my regular job, but it's good to know there are options if not.

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WorkSource has some really good retraining programs. Worth looking into even if you think you'll be able to return to your old job.

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Another resource is the Washington State Department of Vocational Rehabilitation. They work with people who have disabilities or injuries that affect their ability to work. They might have additional programs or services that could help.

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I didn't know about that department. Do they work with L&I or are they separate?

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They're separate but they do coordinate with L&I in some cases. Worth contacting them to see what services might be available.

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Hope your recovery goes well OP. Dealing with work injuries is tough enough without having to navigate all these different benefit systems. Take care of yourself first and the paperwork will sort itself out.

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Thanks for the kind words. It's definitely been overwhelming but this discussion has really helped me understand my options better.

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