Can you get Washington ESD unemployment while on workers comp?

This is actually a pretty complex situation. Generally you can't collect both unemployment and workers comp at the same time in Washington, but there are some exceptions. If you're able to work but your employer doesn't have suitable work available, you might qualify for what's called 'loss of earning power' benefits. You'd need to check with both L&I and Washington ESD about your specific case.

I tried this same thing last year and got denied. Washington ESD told me I wasn't 'able and available' for work while receiving workers comp benefits. Even though I could do light duty, they said the workers comp case made me ineligible. Maybe things have changed though?

You should definitely call Washington ESD directly to discuss your specific situation. The rules around workers comp and unemployment can be tricky, and there might be options you're not aware of. If you're having trouble getting through to them, I recently found out about Claimyr.com - they help people connect with ESD agents. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you keep getting busy signals.

wait can you really not get unemployment if your on workers comp?? i thought you could get both if you needed it

I work in HR and deal with this situation occasionally. The key factor is whether you're considered 'able and available' for work. If your workers comp doctor has released you for light duty but your employer can't accommodate that, you might have a case for unemployment. But you absolutely cannot collect full workers comp disability payments and unemployment at the same time. You need to be very careful about how you answer the weekly claim questions.

This whole system is so frustrating! Why make it so complicated when people are already dealing with injuries and financial stress? Just give people the help they need!

Had a similar situation in 2023. I was on workers comp for a back injury but my doctor cleared me for desk work. My construction company obviously didn't have desk jobs available. I filed for unemployment and had to go through an adjudication process where they reviewed my case. Took about 3 weeks but they eventually approved me for partial benefits while I looked for suitable work. The key was proving I was actively seeking work within my restrictions.

be careful about this!! my cousin got in trouble for collecting both and had to pay back money. make sure you talk to someone official before you file

From what I understand, you might be eligible for something called 'standby' status if your employer expects to bring you back once you're fully recovered. But if there's no expectation of return or if you're looking for new work, regular unemployment might apply. The timing of when you file matters too.

I'm dealing with something similar right now! Been on workers comp for 2 months and just got cleared for light duty. My employer says they'll try to find me something but it might take a few weeks. Should I wait or file for unemployment now?

Another thing to consider - if you do get approved for unemployment while on workers comp, you'll need to be very careful about your job search activities. Washington ESD requires you to actively look for work within your restrictions, which can be challenging when you're still recovering.

Just want to add that if you do decide to pursue this, consider getting help from a workers comp attorney or someone who knows both systems well. The interaction between L&I and Washington ESD can be tricky to navigate on your own.

One more resource - if you do file and run into issues with Washington ESD, I've heard good things about that Claimyr service someone mentioned earlier. My neighbor used it when she had a complex adjudication issue and said it really helped her get through to the right people. Sometimes you need to talk to a human to explain these complicated situations.

Best of luck with whatever you decide! These situations are never easy but it sounds like you're being smart about researching your options first.

Just a reminder to everyone in similar situations - always be completely honest on your unemployment application and weekly claims. Trying to hide workers comp payments or misrepresenting your work restrictions will only cause bigger problems down the road.