Is workers comp unemployment - can I file Washington ESD claim while on L&I?

No, you can't collect both workers comp and unemployment at the same time in Washington. They're completely different programs. Workers comp (L&I) is for when you're injured on the job and can't work. Unemployment is for when you're able and available to work but don't have a job. Since you said you can't physically do your job right now, you wouldn't qualify for UI benefits.

Actually this is more complicated than people think. I was on workers comp last year and my attorney told me there are some situations where you might be eligible for partial unemployment if you can do light duty work but your employer doesn't have any available. But you definitely need to be cleared for some kind of work first.

Been through this exact situation. You cannot double dip - period. Washington ESD will catch it if you try to collect both and you'll have to pay back every penny plus penalties. Stick with workers comp until you're fully released to work, then if your job isn't available anymore you can file for unemployment. I had to call Washington ESD like 15 times to get a straight answer about this when I was dealing with my injury.

wait so if im getting workers comp I cant get unemployment even if my employer laid me off while I was injured?? that seems really unfair

The key thing everyone's missing is the 'able and available' requirement for unemployment. If you're on workers comp, you're by definition not able to work (or at least not able to do your regular job). Washington ESD is very strict about this. I work in HR and see people get denied all the time for trying to collect both.

This happened to my brother in law. He tried to file for unemployment while on L&I and they made him pay back like $4000. The systems talk to each other now so they will find out.

I'm dealing with something similar right now. Been on workers comp for 6 weeks and my employer just told me they might not have my position when I come back. Super stressful not knowing what's going to happen financially.

OP - here's the bottom line. Workers compensation and unemployment insurance serve different purposes and you can't collect both simultaneously. Workers comp replaces your wages while you're unable to work due to a job injury. Unemployment replaces wages when you're able to work but unemployed through no fault of your own. The 'able and available' requirement for UI disqualifies you while you're receiving workers comp benefits.

What about if you're on light duty through workers comp but your employer doesn't have light duty work available? I've heard that might qualify you for unemployment benefits.

Whatever you do, don't try to game the system. I know someone who got caught collecting both and ended up owing back thousands plus interest and penalties. Not worth the risk.

The timing of when you can transition from workers comp to unemployment is critical. You need to be medically cleared for work before you can even apply for UI benefits. Washington ESD will ask for documentation proving you're able to work.

Been there done that. Was on workers comp for 3 months last year. When I was cleared to return to work, my employer had eliminated my position. Filed for unemployment the same week I got my medical clearance and had no issues. Just make sure there's no overlap in the benefit periods.

If you're still confused about your specific situation, you really need to call Washington ESD directly. The rules can vary depending on your exact circumstances and it's better to get official guidance than rely on forum advice.

Another thing to consider - if you do transition from workers comp to unemployment later, make sure you understand the job search requirements. You'll need to be actively looking for work and able to accept suitable employment.

Just want to emphasize again - DO NOT FILE FOR BOTH. I cannot stress this enough. The computer systems will catch it and you'll be in big trouble. Wait until your workers comp case is completely closed before even thinking about unemployment.

One more consideration - make sure you understand how workers comp settlement affects future unemployment eligibility. If you get a lump sum settlement, it might impact your ability to collect UI benefits immediately after.

Bottom line OP - focus on your recovery first. The financial stuff will work itself out once you know what your work capacity will be. Don't stress about unemployment until you're medically cleared and know whether your job will be available.