Can you file for Washington ESD unemployment while on workers comp?
I got injured at work last month and I'm currently receiving workers compensation payments. My injury is healing but I might not be able to return to my same job for a while. A friend told me I might be able to file for unemployment benefits too but I'm not sure if that's allowed? Has anyone been in this situation with Washington ESD? I don't want to mess up either claim by doing something wrong.
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Jamal Harris
Generally you can't collect both workers comp and unemployment at the same time in Washington. The key issue is availability for work - if you're on workers comp, you're usually considered unable to work, which disqualifies you for UI benefits. You need to be able and available for work to get unemployment.
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Zoe Stavros
•That makes sense. So I'd have to be cleared to work before I could apply for unemployment?
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Jamal Harris
•Exactly. Once you're medically cleared to work but can't return to your old job, then you might be eligible for UI benefits.
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Mei Chen
Actually there might be some exceptions depending on your specific situation. If you're on partial workers comp and cleared for light duty work, you might be able to file for partial unemployment benefits. But it's really complicated and Washington ESD will need to review your case.
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Zoe Stavros
•I'm on full workers comp right now, not partial. But good to know there might be options later.
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Liam Sullivan
•Yeah the partial thing is tricky. I tried to get through to Washington ESD to ask about this exact situation and spent 2 hours on hold before giving up.
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Mei Chen
•If you need to talk to someone at Washington ESD about your specific situation, you might want to check out claimyr.com - they help people get through to ESD agents without the endless hold times. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Amara Okafor
I was in a similar spot last year. You definitely can't double dip - collecting both workers comp and unemployment simultaneously is not allowed. The state considers it fraud if you're receiving wage replacement from workers comp while also claiming you're available for work through unemployment.
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Zoe Stavros
•Thanks for the warning. I definitely don't want to get in trouble for fraud. Did you end up filing for unemployment after your workers comp ended?
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Amara Okafor
•Yes, but there was a gap between when workers comp ended and when I could file for UI. Had to get medical clearance first and then prove I was actively seeking work.
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CosmicCommander
wait so if I'm getting workers comp I can't get unemployment? that doesn't seem fair
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Jamal Harris
•It's about the fundamental requirements for each program. Workers comp is for when you can't work due to injury. Unemployment is for when you can work but don't have a job. You can't be both unable to work and available for work at the same time.
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CosmicCommander
•oh ok that actually makes sense when you put it like that
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Giovanni Colombo
The transition period is what trips people up. When your workers comp case closes, there's usually a settlement or final determination. After that, if you're cleared to work but your employer can't accommodate your restrictions or doesn't have your job available, THEN you might qualify for unemployment benefits.
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Zoe Stavros
•So it's really about timing and making sure I'm following the rules for each program separately?
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Giovanni Colombo
•Exactly. And make sure to document everything - medical clearances, job accommodation requests, employer responses. Washington ESD will want to see proof of your work search efforts.
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Fatima Al-Qasimi
I tried to call Washington ESD about this same question last week and couldn't get through. Their phone system is absolutely terrible.
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Dylan Cooper
•Tell me about it. I've been trying to reach them for weeks about my adjudication.
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Liam Sullivan
•Someone mentioned claimyr earlier - I actually tried it last month and got through to an ESD agent in like 15 minutes. Way better than sitting on hold for hours.
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Fatima Al-Qasimi
•Really? I might have to check that out. Getting real tired of the hold music.
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Sofia Ramirez
Just want to add - if you do become eligible for unemployment after workers comp ends, make sure you understand the job search requirements. You'll need to log your work search activities and be genuinely available for work that fits within any permanent restrictions you might have.
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Zoe Stavros
•Good point. I hadn't thought about permanent restrictions affecting my job search.
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Sofia Ramirez
•Yeah, Washington ESD needs to know about any work limitations so they can determine if you're truly available for suitable work in your area.
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Dmitry Volkov
been there done that. workers comp ended in march, filed for unemployment in april after getting clearance from my doctor. took about 3 weeks to get approved because they had to verify everything with L&I
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Zoe Stavros
•Three weeks isn't too bad. Did you have to provide a lot of documentation?
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Dmitry Volkov
•yeah medical records, settlement paperwork, letter from employer saying they couldn't accommodate my restrictions
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StarSeeker
The workers comp people should have explained this to you. They're supposed to tell you about retraining programs and other options when your claim is winding down.
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Zoe Stavros
•They mentioned some retraining stuff but I wasn't really focused on that at the time. Maybe I should ask about it again.
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StarSeeker
•Definitely worth exploring. Sometimes retraining benefits are better than regular unemployment, especially if you need to change careers due to your injury.
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Ava Martinez
WHATEVER YOU DO, don't try to file for both at the same time thinking you can get away with it. Washington ESD and L&I do communicate and they WILL catch you. I know someone who got hit with a huge overpayment and had to pay it all back plus penalties.
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Zoe Stavros
•Definitely not planning to try anything shady. Thanks for the warning though.
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Miguel Ortiz
•Smart to ask questions first. Too many people just assume they can file and figure it out later.
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Zainab Omar
If you need specific guidance about your situation, you really should talk to someone at Washington ESD directly. I know their phones are awful but it's worth getting official advice rather than just going off forum posts.
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Zoe Stavros
•You're right. I should probably try calling them even if it takes forever.
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Mei Chen
•Or use that claimyr service I mentioned earlier. Seriously cuts down on the phone tag.
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Zainab Omar
•Never heard of that but if it helps people get through to ESD faster, sounds useful.
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Connor Murphy
quick question - do you know if your employer is going to contest your unemployment claim when you do file?
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Zoe Stavros
•I haven't thought about that. Why would they contest it if I was injured on the job?
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Connor Murphy
•They might argue that they offered you accommodation or light duty work that you refused. Just something to keep in mind.
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Zoe Stavros
•Good point. I'll make sure to document any conversations about returning to work.
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Yara Sayegh
From what I understand, the key is being honest about your work capacity on both claims. If you tell workers comp you can't work but tell unemployment you're available for work, that's going to cause problems.
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Zoe Stavros
•Makes sense. So I need to wait until I'm actually cleared to work before even thinking about unemployment.
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Yara Sayegh
•Right. And when you do get cleared, make sure all your paperwork reflects the same work restrictions and availability.
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NebulaNova
just wanted to say good luck with your recovery. dealing with work injuries is stressful enough without having to worry about benefits too
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Zoe Stavros
•Thanks, I appreciate it. This forum has been really helpful for understanding my options.
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Keisha Williams
One thing nobody mentioned - if you do end up on unemployment after workers comp, you might be eligible for extended benefits if you need retraining due to your injury. Washington has some good programs for people in your situation.
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Zoe Stavros
•That's good to know. I'll definitely look into retraining options when I'm ready.
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Keisha Williams
•WorkSource has career counselors who specialize in helping people transition after work injuries. Might be worth talking to them too.
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Paolo Conti
Bottom line - you can't collect both simultaneously, but you may be able to file for unemployment after your workers comp case closes and you're medically cleared to work. Just make sure you follow all the rules and document everything.
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Zoe Stavros
•Perfect summary. Thanks everyone for all the helpful advice. I feel much more informed about my options now.
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Amina Diallo
•Good luck with everything. Hope your recovery goes smoothly.
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