Can you file for unemployment if you are on workers compensation in Washington state?

Unfortunately, you can't collect both workers compensation and unemployment benefits simultaneously in Washington state. Washington ESD considers workers comp payments as wages, so you wouldn't qualify for UI benefits while receiving workers comp. The systems are designed to be mutually exclusive.

That's what I was afraid of. So there's no way to get additional help while on workers comp?

You might qualify for other assistance programs, but not unemployment. Workers comp is considered employment-related income by Washington ESD.

wait i thought you could file for unemployment if workers comp doesn't cover your full wages? my brother did this last year

That's a common misconception. Workers comp payments count as wages for UI eligibility purposes, regardless of the amount.

Your brother might have been in a different situation - maybe his workers comp ended and then he filed for unemployment.

I had to deal with this exact situation last year. You absolutely cannot double-dip between workers comp and unemployment in Washington. However, once your workers comp benefits end, you may be eligible to file for unemployment if you're able and available for work but can't return to your previous job due to your injury.

So I'd have to wait until workers comp ends completely? What if I can do light duty work but my employer doesn't have any available?

That's a complex situation. You'd need to check with both L&I and Washington ESD about your specific circumstances. The key is whether you're considered able and available for work.

This is so confusing! I've been trying to call Washington ESD for weeks to ask about this exact thing but can never get through. The phone lines are always busy or I get disconnected after waiting forever. How do people actually talk to someone there?

I had the same problem until I found Claimyr. It's a service that helps you get through to Washington ESD agents automatically. You can check it out at claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

That sounds too good to be true. How much does it cost?

The value is definitely worth it when you consider how much time you'd spend trying to get through on your own. Way better than sitting on hold for hours.

The whole system is designed to screw over workers. They make it so complicated that people don't know what they're entitled to. Workers comp barely covers anything and then they tell you that you can't get unemployment either. It's ridiculous.

I hear your frustration but the rules exist for a reason. Workers comp is meant to replace lost wages during recovery.

Replace wages? My workers comp is like 60% of what I was making. How is that supposed to help anyone?

To clarify the rules: Washington ESD considers any workers compensation payments as disqualifying income for unemployment benefits. This includes temporary total disability, temporary partial disability, and permanent partial disability payments. The reasoning is that workers comp is designed to replace lost wages due to work-related injury.

What about if I'm getting vocational rehabilitation through workers comp? Would that change anything?

Vocational rehab payments would still count as workers comp income. You'd need to complete the program and have your claim closed before potentially qualifying for UI.

been there done that, tried to file for both and got denied for unemployment immediately. Washington ESD has access to L&I records so they know right away if you're on workers comp

Good to know they check automatically. Did you get any kind of penalty for trying to file for both?

nah just got a denial letter explaining why. no big deal just disappointing

One important exception to mention: if you're receiving workers comp for a permanent partial disability but are able to work and actively seeking employment, you might have different options. But this is a very specific situation that requires careful review of your case.

How would I know if I qualify for that exception? My injury is to my back and I might have permanent limitations.

You'd need to speak with both L&I and Washington ESD directly. The determination depends on your specific medical restrictions and work capacity.

my coworker said her sister got unemployment after workers comp ended but had to wait like 6 months or something

That timing sounds about right. Once workers comp benefits end, you can apply for unemployment if you meet the other eligibility requirements.

6 months seems like a long time to wait. Is there any way to speed up the process?

Update: I tried that Claimyr service someone mentioned and actually got through to Washington ESD today! The agent confirmed what everyone is saying - you can't collect both workers comp and unemployment at the same time. But she was really helpful explaining what happens when workers comp ends.

Glad it worked for you! Did they give you any timeline for when you might be able to file for unemployment?

She said it depends on when my workers comp case closes and whether I'm cleared to return to work. If I can't return to my old job, I might qualify for UI while looking for new work.

Just want to add that if you're thinking about going back to work part-time while on workers comp, make sure you get approval from L&I first. And if you do return to work, that could affect both your workers comp benefits and any future unemployment eligibility.

Thanks for that tip. I was actually wondering about trying to work part-time since I'm going crazy just sitting at home.

Definitely check with L&I before doing anything. Unauthorized work could jeopardize your workers comp claim.

The whole thing is just another way the system keeps working people down. You get hurt at work, can't make ends meet on workers comp, and then they tell you tough luck, no other help available.

I understand the frustration, but there are other safety net programs that might help - food assistance, housing assistance, etc.

Yeah but none of those replace lost income like unemployment would. It's just not enough.

I was on workers comp for 8 months last year. The key thing I learned is that you need to stay in close contact with both L&I and your doctor about your return-to-work status. Once L&I says you're ready to return to work but your employer can't accommodate you, that's when you might qualify for unemployment.

That's really helpful. How do you prove that your employer can't accommodate you?

Usually it's documented through L&I's vocational rehabilitation process or through communications with your employer about available positions.

quick question - does it matter what type of workers comp you're getting? like temporary vs permanent?

All types of workers comp payments count as disqualifying income for unemployment purposes. Temporary total, temporary partial, permanent partial - they all prevent UI eligibility.

ok thanks that clears it up

One more thing to consider - if you're on workers comp now, make sure you understand how it might affect your unemployment benefit calculation later. Your base year wages for UI will include the period before your injury, but the timing of when you file could impact your weekly benefit amount.

I hadn't thought about that. Should I be doing anything now to protect my future unemployment eligibility?

Just keep good records of your wages and work history. When you do eventually file for unemployment, you'll need to provide accurate information about your work and injury timeline.

My advice is to focus on getting better first. I spent so much time worrying about money and benefits that it probably slowed down my recovery. The workers comp will cover your medical bills and some income replacement - that's what it's designed for.

I appreciate that perspective. It's just hard when the workers comp doesn't cover all your expenses.

I totally get it. Maybe look into other assistance programs in the meantime, but don't stress about unemployment until you're actually ready to return to work.

For anyone else struggling to get through to Washington ESD about this topic, I'll mention Claimyr again - claimyr.com. It really does work and the demo video at https://youtu.be/7DieNd3C7zQ shows exactly how it connects you with agents. Super helpful when you have complex questions like this.

I was skeptical at first but tried it last week and got through in like 20 minutes. Way better than the 3 hours I spent on hold the week before.

I think I'm going to try this too. I have so many questions about what happens when my workers comp case ends.

Bottom line: you cannot collect unemployment while receiving workers compensation in Washington state. Period. Save yourself the hassle and don't even try to file for both. Focus on your recovery and deal with unemployment eligibility later if needed.

Thanks everyone for all the advice. Sounds like I need to just wait it out and see what happens when my workers comp case is resolved.

That's the smart approach. Keep all your documentation organized for when you do need to file for unemployment down the road.

just went through this whole process myself. workers comp ended in december, filed for unemployment in january, got approved. but had to provide tons of documentation about my work capacity and job search efforts. be prepared for extra paperwork when you do file

What kind of documentation did they want? I want to start gathering everything now.

medical clearance letters, job search logs, documentation from L&I about case closure, stuff like that. basically proof that you're able and available for work

One last tip - make sure you understand the difference between being 'able to work' and being 'available for work' when it comes to unemployment eligibility. Having work restrictions from your injury could affect both of these requirements.

Can you explain the difference? I thought they were the same thing.

Able to work means you're physically/mentally capable of working. Available means you're ready to accept suitable work immediately. Work restrictions could impact both depending on severity.