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AstroAlpha

Can you file for Washington ESD unemployment while waiting for workers comp decision?

I got injured at work 6 weeks ago and filed a workers compensation claim through L&I. The claim is still under review and they haven't made a decision yet about whether it'll be approved. In the meantime I'm not getting paid and bills are piling up. Can I file for unemployment benefits with Washington ESD while I wait for the workers comp decision? I'm worried about getting in trouble if I apply for both at the same time but I really need some income right now.

Yara Khoury

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Yes, you can file for unemployment while waiting for workers comp, but there are some important rules to follow. You need to report that you have a pending workers comp claim when you file your initial UI application. If your workers comp gets approved later, you may have to pay back some of the unemployment benefits for overlapping periods.

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AstroAlpha

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Do I report the pending workers comp claim in the initial application or when I do my weekly claims?

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Yara Khoury

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Both - mention it in your initial application and continue reporting it on your weekly claims until the workers comp decision is made.

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Keisha Taylor

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just went through this exact situation last year. filed for UI while waiting on my L&I claim. took them 3 months to approve my workers comp but i got unemployment payments the whole time. when workers comp finally kicked in i had to pay back about $2800 in UI benefits for the overlapping weeks but it was worth it to have some income during the wait

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AstroAlpha

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How did you pay back the overpayment? Did they take it out of your workers comp settlement?

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Keisha Taylor

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they sent me a bill for the overpayment and set up a payment plan. workers comp and unemployment are separate agencies so they dont coordinate the payback automatically

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Paolo Longo

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The key thing is being honest about your situation. When you file your weekly claims, there's a question about whether you received or expect to receive workers compensation benefits. Always answer truthfully. Washington ESD will work with you if there's an overpayment situation later, but they don't like surprises.

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Amina Bah

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What if the workers comp claim gets denied? Do you still have to worry about overpayments?

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Paolo Longo

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If workers comp is denied, then there's no overpayment issue since the benefits don't overlap. You just continue with regular UI benefits.

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Oliver Becker

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I had trouble getting through to Washington ESD to ask about this exact situation a few months ago. Kept getting disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made it so much easier to get my questions answered about filing UI while waiting for workers comp.

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CosmicCowboy

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How much does that service cost? Seems like it might be expensive.

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Oliver Becker

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The peace of mind was worth it for me. Getting clear answers from an actual Washington ESD agent saved me from making mistakes on my weekly claims.

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WAIT - you need to be careful here. If you're not able to work due to your injury, you might not meet the 'able and available' requirement for unemployment benefits. This could cause problems with your UI claim.

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AstroAlpha

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I can still work with restrictions though. My doctor said I can do desk work but not my regular job which requires lifting.

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Yara Khoury

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That's different then. If you're able to work with restrictions and actively seeking work within those restrictions, you should be fine for UI eligibility.

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Javier Cruz

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Been there! The waiting is the worst part. Just make sure you're documenting everything - all your job search efforts, your medical restrictions, communications with L&I. If any issues come up later you'll want that paper trail.

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AstroAlpha

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Good point about documentation. I've been keeping copies of everything but hadn't thought about the job search records.

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Emma Thompson

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How long have people been waiting for L&I decisions lately? Mine's been pending for 8 weeks now and I'm starting to panic.

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Keisha Taylor

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Mine took 12 weeks total. They're really backed up right now from what I heard.

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Malik Jackson

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My coworker waited 16 weeks last year. It's frustrating but they do eventually get to them.

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The system is so broken. You shouldn't have to choose between workers comp and unemployment when you're injured and not working. But that's the reality we're dealing with.

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StarSurfer

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Agreed, but at least Washington allows you to file for UI while waiting. Some states don't even allow that.

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Ravi Malhotra

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Make sure you understand the job search requirements too. Even with restrictions, you'll need to do 3 job search activities per week and register with WorkSourceWA. Don't let that part slip or you could lose benefits.

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AstroAlpha

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I registered with WorkSourceWA already but haven't started the job search yet. Should I focus on desk jobs only?

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Ravi Malhotra

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Yes, focus your search on jobs that fit within your medical restrictions. Keep records of what you apply for and any responses you get.

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Just a heads up - if your UI claim goes into adjudication for any reason while you're dealing with the workers comp situation, it can get really complicated. I'd recommend getting help from someone who knows the system if that happens.

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Omar Hassan

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What triggers adjudication in these cases? I want to avoid that if possible.

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Usually inconsistent reporting about your work status or medical condition. That's why being 100% honest on your weekly claims is so important.

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I used that Claimyr service too when I had questions about reporting workers comp on my weekly claims. The Washington ESD agent explained exactly how to fill out that section. Definitely worth checking out if you need specific guidance.

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Diego Chavez

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Did they help you avoid any problems with your claim?

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Yeah, I was filling out the workers comp section wrong and they caught it before it became an issue. Saved me from potential overpayment problems.

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NeonNebula

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Don't forget that if you do get workers comp approved, you'll need to stop filing for UI immediately once those benefits start. The overlap period is what creates the overpayment situation.

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AstroAlpha

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How quickly do they usually notify you when workers comp starts paying?

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NeonNebula

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In my experience, L&I sent a letter about 2 weeks before the first payment. But you should also be proactive and check your claim status regularly.

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The whole thing is stressful but manageable if you stay organized. Keep all your paperwork, be honest on your claims, and don't be afraid to ask for help when you need it. You'll get through this.

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AstroAlpha

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Thanks everyone for all the advice. This has been really helpful and I feel much better about moving forward.

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Sean Kelly

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Good luck with everything! Hope your workers comp gets approved soon.

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Zara Mirza

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One more thing - if you end up needing to appeal anything with either workers comp or unemployment, don't wait. The deadlines are strict and you don't want to miss your chance to contest a decision.

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AstroAlpha

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What are the typical appeal deadlines?

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Zara Mirza

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For Washington ESD it's usually 30 days from the date of the decision letter. L&I has different deadlines depending on what you're appealing.

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