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Taylor Chen

Can you file unemployment while on workers comp in Washington?

I got injured at work two months ago and I'm currently receiving workers compensation benefits. My claim is still open but I'm not getting enough to cover all my bills. Someone told me I might be able to file for unemployment benefits too while I'm on workers comp. Is this actually possible in Washington state? I'm confused about whether you can get both at the same time or if there are restrictions. Has anyone been in this situation before?

Generally you can't collect both unemployment and workers comp simultaneously in Washington. UI requires you to be able and available for work, but if you're on workers comp you're typically unable to work due to injury.

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That makes sense, but what if I'm cleared for light duty work but my employer doesn't have any available?

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That's a different situation - if you're cleared for work but employer has no suitable positions, you might qualify for UI. You'd need to check with Washington ESD about your specific circumstances.

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I was on workers comp last year and tried to file for unemployment when my benefits were running low. Washington ESD denied my claim because I wasn't considered available for work while still on medical leave. The key is whether you're medically cleared to return to work.

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Did you appeal the denial or just accept it? I'm wondering if there's any way around this restriction.

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I didn't appeal because my doctor confirmed I wasn't ready to work yet. But if you disagree with the medical assessment, you might have grounds for appeal.

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The issue is that unemployment benefits require you to be actively seeking work and available to accept employment. If you're on workers comp, you're essentially declaring you're unable to work due to injury. These two statuses are contradictory in Washington ESD's view.

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But what about partial disability? I can do some types of work but not my regular job. Doesn't that change things?

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Partial disability is tricky - you'd need to be released for some type of work and actively job searching. The key is getting proper medical documentation about your work capabilities.

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I've been dealing with this exact situation and it's frustrating trying to get clear answers from Washington ESD. When I call, I either get disconnected or put on hold for hours. Has anyone found a better way to get through to them about these complex eligibility questions?

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I had the same problem with getting through to Washington ESD. I actually found this service called Claimyr that helps you get connected to ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks, I'll check that out. The regular phone system is basically useless when you have complicated questions like this.

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From what I understand, there might be a brief window where you could qualify for UI if your workers comp benefits are ending but you're not yet cleared to return to your regular job. But you'd need to be medically cleared for SOME type of work.

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That's interesting - so timing matters a lot. I should probably talk to my doctor about what types of work I might be cleared for.

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Exactly. The medical documentation is crucial because Washington ESD will want proof that you're able to work in some capacity before approving UI benefits.

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I'm in a similar boat - been on workers comp for 6 weeks and the money just isn't enough. Did anyone try filing for UI anyway just to see what happens?

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I wouldn't recommend filing if you know you don't qualify. If you get benefits you're not entitled to, you'll have to pay them back plus penalties.

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Good point, I don't want to deal with an overpayment situation on top of everything else.

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The Washington ESD website says you have to be 'able and available' for work to get UI benefits. If you're on workers comp, you're basically saying you're NOT able to work, so it creates a conflict.

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Right, but what if I'm able to do different work than what I was doing when I got injured? The able and available requirement seems pretty strict.

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If you can prove you're able to do other types of work and you're actively looking for those jobs, you might have a case. But you'd need solid medical documentation.

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I've heard some people say they were able to get UI after their workers comp ended, even if they weren't fully recovered. Is there a waiting period or anything like that?

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There's no automatic waiting period, but you'd need to file a new UI claim and prove you meet all the eligibility requirements at that time.

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Makes sense. I guess it really depends on your specific medical situation and what kind of work you can do.

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This whole system is so confusing! I've been trying to figure out the same thing. My workers comp is barely covering my rent, let alone groceries and other bills. There has to be some kind of safety net for people in this situation.

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I feel you on the financial stress. That's why I'm trying to get clear answers from Washington ESD, but their phone system is impossible. Going to try that Claimyr service someone mentioned earlier.

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Let me know how that works out for you. I'm desperate for some actual help navigating this mess.

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Has anyone actually been approved for UI while on workers comp? I keep hearing different things and I'm not sure what's actually possible versus what people think might work.

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I haven't personally seen anyone get approved for both simultaneously. The closest I've seen is people getting UI after their workers comp ended and they were cleared for light duty work.

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That's what I was afraid of. Looks like I need to focus on getting my medical situation sorted out first.

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My lawyer told me that in very rare cases, someone might qualify for UI if they're on workers comp but cleared for different work and their employer has no suitable positions. But it's extremely case-specific.

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That's encouraging to hear it's at least theoretically possible. Did your lawyer say what kind of documentation would be needed?

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Medical clearance for specific types of work, documentation that employer has no suitable positions, and proof you're actively job searching for work you can do.

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I work in HR and I've seen this come up a few times. Usually Washington ESD wants very clear medical documentation about what work you CAN do, not just what you can't do. The burden of proof is pretty high.

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That's helpful insight. Sounds like I need to have a detailed conversation with my doctor about specific work capabilities.

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Exactly. Vague statements like 'light duty' aren't enough. You need specifics about lifting limits, standing time, etc.

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I tried calling Washington ESD about this exact question last week and waited on hold for 2 hours before getting disconnected. Their system is broken.

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Same experience here. That's why I'm going to try Claimyr to actually get through to someone who can give me real answers about my situation.

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Good luck with that. I'm at the point where I might just have to wait until my workers comp case is resolved.

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The timing aspect is really important here. You can't collect both at the same time, but there might be a gap period where you transition from workers comp to UI if you're cleared for work but haven't found a job yet.

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That's a good point about the transition period. I should probably start planning for that possibility now.

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Definitely. The key is having all your medical documentation ready and understanding exactly what types of work you're cleared for.

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I've been researching this for weeks and everything I read suggests that simultaneous benefits are not allowed in Washington. The 'able and available' requirement for UI directly conflicts with being on workers comp.

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That matches what I've found too. The only potential exception might be very specific circumstances with partial disability and job search requirements.

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Right, and even then it would require extensive documentation and probably involve an appeal process.

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Does anyone know if there are other state programs that might help bridge the gap financially? Workers comp doesn't pay enough and UI isn't available - there has to be something else.

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You might look into temporary assistance programs or disability benefits, but those have their own eligibility requirements and waiting periods.

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I'll check into those options. The financial pressure is really getting to me.

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I talked to someone who said they got approved for UI while on workers comp, but when I pressed for details, it turned out their workers comp had already ended. People get confused about the timing.

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Yeah, I've heard similar stories that don't hold up when you get the full details. Seems like true simultaneous benefits aren't really possible.

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Exactly. The timing and medical clearance requirements are really strict.

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I used Claimyr to get through to Washington ESD about a different issue and it actually worked. The agent I spoke with was knowledgeable about these complex eligibility questions. Might be worth trying for anyone who needs specific guidance about their workers comp/UI situation.

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That's encouraging to hear. I'm definitely going to give it a try since the regular phone system is useless.

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Yeah, it's frustrating that you have to use a third-party service to reach your own state agency, but at least it works.

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Bottom line seems to be that you need to be medically cleared for work AND actively job searching to qualify for UI. If you're still on workers comp, you're probably not meeting those requirements. The transition period after workers comp ends might be your best bet.

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Thanks everyone for all the input. Sounds like I need to focus on my medical recovery first and then plan for the transition to job searching when I'm cleared for work.

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That's probably the smart approach. Make sure you have all your documentation ready for when you do transition.

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