Can you receive unemployment, L&I, and FMLA benefits at the same time? ESD confusion
I'm really confused about overlapping benefits. My doctor put me on medical leave for 12 weeks after my workplace injury (back injury from lifting boxes). My employer is saying I qualify for FMLA, but I also filed an L&I claim. Now I'm wondering if I can file for unemployment too since I can't work my regular job? My HR department gave me contradicting information and now I don't know what benefits I'm supposed to be applying for. Has anyone dealt with trying to navigate multiple benefit systems at once? What's allowed and what isn't?
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Charlotte Jones
No, you typically can't collect unemployment, L&I, and FMLA all at the same time. Here's why: - Unemployment (ESD) requires you to be able and available to work, actively seeking jobs - L&I (workers' comp) is for work-related injuries and provides partial wage replacement when you can't work - FMLA isn't a payment - it's job protection for up to 12 weeks Since you have a workplace injury, L&I would be your primary benefit. FMLA runs concurrently to protect your job. You wouldn't qualify for unemployment since you aren't able to work due to your injury.
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Logan Greenburg
AuthorThanks for explaining! My supervisor kept saying I should apply for everything. So basically, I should focus on my L&I claim since it was a workplace injury? I didn't realize FMLA doesn't actually pay anything - that's probably why my HR person mentioned unemployment too.
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Lucas Bey
ur supervisor is WRONG!! when i hurt my shoulder last year my boss told me the same thing. i tried getting unemployment and l&i at the same time and ended up having to payback over $4500 to esd!!! dont make my mistake, it was a NIGHTMARE
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Logan Greenburg
AuthorOMG that sounds terrible! I definitely don't want to end up owing money back. Did you have any issues with your L&I claim going through?
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Harper Thompson
Listen, I've been through this exact situation and it's frustrating how poorly employers understand the system. Here's the deal: FMLA = job protection only (no money) L&I = wage replacement for WORK injuries (60-75% of wages) Unemployment = for when you CAN work but DON'T HAVE a job You CANNOT collect unemployment while on L&I because unemployment requires you to be able and available for work. Your L&I claim specifically states you're NOT able to work due to injury. Focus on your L&I claim. Document EVERYTHING. Keep copies of all medical records. If you have trouble getting through to L&I claims managers, I recommend Claimyr (claimyr.com). I was getting nowhere with my claim until I used their service to get through to an actual person - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Made a huge difference in getting my claim processed correctly.
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Caleb Stark
do they help with L&I claims too or just unemployment? dealing with L&I is suuuuch a headache
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Harper Thompson
They help you get through to ESD or L&I phone systems - it's for when you can't get past the busy signals or long hold times. Really helpful when you need to talk to an actual claims manager instead of just leaving messages that never get returned.
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Logan Greenburg
Thank you all for the information! I'm going to focus on my L&I claim since it was definitely a workplace injury. It makes sense now that unemployment wouldn't apply since I'm technically not able to work right now. I'll check out that Claimyr service if I keep having trouble getting updates on my claim status.
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Jade O'Malley
One important thing to note: if your doctor releases you for LIGHT DUTY work, but your employer doesn't have any light duty available, THEN you might qualify for unemployment while your L&I claim is still open. This is called a "crossover" claim and is the only situation where you might receive both types of benefits. But it's complicated and requires specific documentation from your doctor and employer. You should speak with both L&I and ESD claims specialists if this situation applies to you.
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Logan Greenburg
AuthorThat's really helpful information! My doctor did mention I might be able to do light duty work in a few weeks. I'll make sure to follow up about this possibility if my employer can't accommodate the restrictions.
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Hunter Edmunds
WRONG WRONG WRONG!!! You CAN'T get unemployment if you're on L&I!!! My brother tried this in 2024 and got DENIED and then had to appeal and it was a HUGE MESS!!! Don't listen to these people telling you to try for both!!! Pick ONE system and stick with it!!!
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Jade O'Malley
Please read my comment more carefully. I specifically said this only applies in very limited "crossover" claim situations where the worker is released for light duty but the employer can't accommodate it. This is an established policy, not something I made up. In standard L&I claims where the worker is completely unable to work, you are absolutely correct that unemployment benefits wouldn't be appropriate.
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Ella Lewis
im confused too lol... so does FMLA give you any money at all? or is it just saying your boss cant fire you while youre hurt?
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Charlotte Jones
FMLA (Family and Medical Leave Act) just protects your job for up to 12 weeks - it doesn't provide any payment. Some states have paid family leave programs that work alongside FMLA, but the federal FMLA itself is just job protection.
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Andrew Pinnock
when i was on L&I last year i had the worst time getting updates on my claim. kept leaving messages and nobody called back for weeks! i finally got through to someone who helped after like 20 calls. maybe try early morning? seems like they pick up more before 9am
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Logan Greenburg
AuthorThanks for the tip! I'll try calling first thing in the morning. The waiting and uncertainty is the hardest part.
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PaulineW
I went through something similar when I injured my wrist at work. The key thing to remember is that these systems are designed to work together, not against each other. Since you have a documented workplace injury, L&I should be your primary focus - they'll cover your medical expenses and provide time-loss benefits while you recover. One thing that helped me was keeping a detailed log of all my interactions with each agency (dates, times, who I spoke with, what was discussed). This came in handy when there were discrepancies or when I needed to reference previous conversations. Also, don't feel bad about your HR department giving you conflicting info - unfortunately, many employers don't fully understand how these programs interact. The most important thing right now is getting your L&I claim properly established and following through with all medical appointments. Everything else can be sorted out once you have that foundation in place.
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