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Dylan Campbell

Can you get workers comp and unemployment at the same time in Washington ESD?

I got injured at my warehouse job last month and I'm getting workers comp payments through L&I. But my doctor says I can't go back to my old job because of the injury and I need to find something different. My workers comp case manager mentioned I might be able to get unemployment benefits too while I'm looking for a new job that fits my restrictions. Is this actually possible? Can Washington ESD approve unemployment if you're already getting workers comp? I'm confused about whether this is allowed or if one cancels out the other.

Yes, you can potentially receive both workers comp and unemployment benefits in Washington state, but there are specific rules. The key is that you have to be able and available for work within your medical restrictions. If your doctor has cleared you for light duty or different types of work, you may qualify for UI benefits while receiving workers comp.

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That's good to know! My doctor did say I can do office work or other jobs that don't require heavy lifting. How do I explain this to Washington ESD when I file?

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When you file your unemployment claim, be very clear about your work restrictions and that you're actively seeking work within those limitations. You'll need documentation from your doctor about what types of work you can perform.

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I went through this exact situation two years ago. Workers comp and unemployment can definitely overlap in Washington, but Washington ESD will want to verify that you're genuinely looking for work and available within your restrictions. Make sure you keep detailed job search records.

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How long did it take for your unemployment claim to get approved? I'm worried about the adjudication process taking forever.

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Mine took about 3 weeks because they had to verify my work restrictions with L&I. The adjudication process can be slow when there are multiple agencies involved.

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Just dealt with this nightmare myself. Been trying to reach Washington ESD for weeks to sort out my claim status because I'm getting workers comp too. Their phone system is absolutely terrible - I've been hung up on probably 20 times. Finally found this service called Claimyr that actually got me through to a real person at Washington ESD. Check out claimyr.com and there's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of frustration.

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Never heard of Claimyr before but I'm desperate at this point. Does it actually work for getting through to Washington ESD?

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Yeah it really does work. I was skeptical too but I got connected to an actual Washington ESD agent who could see my claim and explain why it was taking so long with the workers comp verification.

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Interesting, I might have to try this. Been calling Washington ESD for two weeks straight with no luck.

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The workers comp and unemployment combo is tricky but totally legal in Washington. The main thing Washington ESD cares about is that you're actively seeking work that you can actually perform given your medical restrictions. Don't try to hide the workers comp - be upfront about it.

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Should I mention the workers comp when I first file my unemployment claim online?

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Absolutely mention it upfront. Washington ESD will find out anyway when they do their verification checks, and being honest from the start prevents delays and potential overpayment issues later.

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wait so you can get BOTH at the same time?? that seems like double dipping to me

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It's not double dipping because they serve different purposes. Workers comp replaces lost wages due to injury, while unemployment helps when you're able to work but can't find a job within your restrictions.

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ok that makes more sense when you put it that way

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Update: I called Washington ESD this morning and actually got through after only 45 minutes on hold! The agent confirmed that I can receive both benefits as long as I'm actively looking for work within my medical restrictions. She said my claim should process normally but might take a bit longer for verification.

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That's great news! 45 minutes is actually pretty good for Washington ESD these days.

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Wow you got lucky with that wait time. Usually takes me 2+ hours when I can even get through.

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Been on workers comp for 6 months now and just started getting unemployment too. The key thing is documenting your job search efforts really well. Washington ESD wants to see that you're genuinely looking for work you can actually do with your restrictions.

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What kind of documentation do they want for job searches? Just applications or more than that?

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I keep a detailed log with company names, dates, positions applied for, and any responses. Also save screenshots of job postings and confirmation emails when possible.

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This is so confusing!! I thought if you got hurt at work you couldn't get unemployment. My cousin told me it was illegal or something. But now I'm reading all this and maybe I should apply too since I've been out of work for 2 months with my back injury.

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Your cousin is wrong. In Washington state, you can definitely get both if you meet the requirements. The main requirement is being able and available for some type of work within your medical restrictions.

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Ok thank you! I'm going to file tomorrow then. My doctor cleared me for desk work so hopefully that counts.

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I tried this last year and got denied initially because Washington ESD said I wasn't available for work. Had to appeal and provide more medical documentation showing I could do certain types of jobs. Eventually won the appeal but it took 3 months total.

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What kind of medical documentation did you need for the appeal?

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I needed a detailed letter from my doctor explaining exactly what work activities I could and couldn't do, plus a functional capacity evaluation. The generic work restrictions weren't specific enough for Washington ESD.

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The system is so broken. I've been trying to get answers about this exact situation for months. Washington ESD tells me one thing, L&I tells me another. Nobody seems to know how these programs actually work together.

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That's exactly why I ended up using Claimyr to get through to Washington ESD. At least then I could talk to someone who could actually look at my specific case instead of getting generic responses.

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Maybe I need to try that. This runaround is driving me crazy.

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For anyone dealing with this situation, remember that Washington state law specifically allows unemployment benefits even if you're receiving workers comp, as long as you meet the basic UI requirements of being able and available for work. Don't let anyone tell you it's not allowed.

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Is there a specific law or regulation that says this? I want to have the reference in case Washington ESD gives me trouble.

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Yes, it's covered under RCW 50.20.010 regarding availability for work. The key is that your work restrictions don't completely prevent you from working - just from certain types of work.

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this happened to my brother in law last year he got both workers comp and unemployment for like 4 months while he was looking for a new job after his accident

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Did he have any problems with Washington ESD during that time?

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nah it went pretty smooth once he got approved, just had to keep doing his job searches every week like normal

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I'm currently getting both and it's been working fine for 2 months now. The main thing is being honest with both agencies about your situation. Don't try to hide anything because they do communicate with each other.

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How often do you have to report to both agencies? Is it double the paperwork?

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For Washington ESD I still file my weekly claims like normal. For L&I I have monthly check-ins with my case manager. It's not too bad once you get into a routine.

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One thing to watch out for - make sure your job search efforts match your stated work restrictions. If you're applying for jobs you can't actually do because of your injury, Washington ESD might question whether you're truly available for work.

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Good point. I'll make sure to only apply for office jobs since that's what my doctor cleared me for.

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Yeah this is super important. I got questioned about this during my eligibility review because some of my job applications were for positions that required lifting.

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The timing can be tricky too. I started workers comp in January but didn't apply for unemployment until March when my doctor said I could do light work. Washington ESD wanted to know why I waited so long to apply.

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What did you tell them about the delay?

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I explained that I wasn't cleared for any work initially, so I wasn't eligible for unemployment. Once my restrictions changed and I could do some types of work, that's when I became eligible and applied.

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Does anyone know if there's a maximum amount you can get combining both benefits? Like is there a cap on total monthly income from these programs?

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There's no specific cap that combines them, but your unemployment benefit amount is based on your previous wages. Workers comp doesn't affect your UI benefit calculation.

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Ok that's helpful. I was worried there might be some kind of offset where they reduce one if you get the other.

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I've been getting both for 8 weeks now. The only annoyance is that sometimes Washington ESD calls to verify I'm still looking for work and available. But as long as you're following your medical restrictions and actually job searching, it's fine.

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How often do they call to check on you?

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So far it's been twice - once at 4 weeks and once at 7 weeks. Just basic questions about my job search activities and whether my work restrictions have changed.

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For anyone struggling to get through to Washington ESD about this, I also used that Claimyr service someone mentioned earlier. It really works - got me connected to an agent who could actually answer my specific questions about combining workers comp and UI benefits.

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I might need to try that if I have issues with my claim. The regular phone number has been impossible.

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Same here, I've been trying to call Washington ESD for two weeks about my claim and can never get through. Might have to check out this Claimyr thing.

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Just want to say thanks to everyone who answered questions in this thread. I was really confused about whether I could get both benefits but now I understand the rules better. Going to file my unemployment claim this week!

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Good luck with your claim! Just remember to be completely honest about your work restrictions and keep detailed job search records.

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Glad this thread helped you too! It definitely cleared up a lot of confusion for me as well.

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This is such a helpful thread! I'm in a similar situation - got injured at my construction job 3 weeks ago and my doctor says I can do desk work but no heavy lifting or standing for long periods. I've been hesitant to apply for unemployment because I wasn't sure if it was allowed while getting workers comp. Reading everyone's experiences here gives me confidence to file my claim. One question though - should I wait until my L&I case is fully established or can I apply for UI benefits right away as long as I have my work restrictions documented?

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You don't need to wait for your L&I case to be fully established - you can apply for unemployment benefits as soon as you have documented work restrictions that allow you to perform some type of work. The key is having that medical documentation from your doctor showing you're cleared for desk work. Washington ESD will want to see that you're able and available for work within those restrictions. Just make sure you're honest about your situation when you file and mention that you're receiving workers comp. The sooner you apply, the sooner you can start receiving benefits while you're job searching!

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