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Keisha Jackson

Is workers compensation the same as unemployment benefits in Washington ESD?

I'm really confused about the difference between workers compensation and unemployment benefits. I got hurt at work last month and my supervisor mentioned workers comp, but I also heard I might be able to get unemployment through Washington ESD. Are these the same thing? I'm not sure which one I should apply for or if I can get both. Can someone explain the difference?

No, they're completely different programs! Workers compensation is for when you get injured on the job - it covers medical bills and partial wages while you recover. Unemployment insurance through Washington ESD is for when you lose your job through no fault of your own. You typically can't collect both at the same time.

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Oh that makes sense. So since I got hurt at work, I should probably file for workers comp first?

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Yes, definitely start with workers comp since your injury happened at work. Contact L&I (Labor & Industries) for that.

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I made this same mistake when I hurt my back at the warehouse. Workers comp is through L&I and covers your medical treatment plus time loss benefits. Washington ESD unemployment is totally separate - that's for people who are able to work but can't find a job.

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Did you have trouble getting your workers comp claim approved? I'm worried they might deny it.

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It took a while but eventually got approved. Make sure you report the injury to your employer right away if you haven't already.

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There's actually some overlap situations that get confusing. If you're on workers comp time loss and then your employer terminates you while you're still injured, you might be able to file for unemployment later. But you can't collect both benefits simultaneously. Also, if you're cleared to return to work but there's no job available, that could potentially be an unemployment situation.

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This is getting complicated. What if my employer fires me because I got hurt? Can I get unemployment then?

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That would potentially be wrongful termination. You'd need to talk to an employment attorney about that situation.

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Actually had something similar happen to me. I was able to get UI benefits after my workers comp ended, but I had to prove I was able and available to work.

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If you need to talk to someone at Washington ESD about this, good luck getting through on the phone. I spent hours trying to reach them about my UI claim. Finally found this service called Claimyr that helped me get through to an actual person at https://claimyr.com. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Is that service legit? I've never heard of it before.

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Yeah it's real. They basically help you get through the phone queue to talk to Washington ESD agents. Saved me a ton of time and frustration.

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Just to be clear - workers comp is administered by Washington State Department of Labor & Industries (L&I), not Washington ESD. Washington ESD only handles unemployment insurance. These are two completely different state agencies with different purposes.

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Thanks for clarifying that! So I need to contact L&I for the work injury, not Washington ESD.

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Exactly. L&I website is lni.wa.gov if you need to file a workers comp claim.

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The key difference is eligibility requirements. For workers comp, you need to prove the injury happened at work or because of work. For unemployment, you need to be able to work, available for work, and actively seeking work. If you're injured and can't work, you wouldn't qualify for UI.

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That makes sense. Since I can't work right now because of my injury, unemployment wouldn't apply.

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Right, and Washington ESD requires you to do job searches every week. Hard to do that when you're injured.

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i got both at different times, workers comp first then unemployment later when i was cleared to work but company laid me off. you just cant get them at the same time

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How long did it take to transition from workers comp to unemployment?

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had to wait until L&I said i was medically cleared to return to work, then filed UI claim right after that

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Another important distinction - workers comp benefits are based on your wages at the time of injury. Unemployment benefits are based on wages from your base year period (usually the first 4 of the last 5 completed calendar quarters). The calculation methods are totally different.

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Which one typically pays more?

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Workers comp time loss is usually 60% of your gross wages, while UI is about 50% with a maximum weekly benefit amount. But it varies based on your specific wages.

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IMPORTANT: If you're getting workers comp time loss benefits, DO NOT file for unemployment at the same time. Washington ESD will find out and you could end up with an overpayment that you have to pay back. The systems communicate with each other.

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Good to know! I definitely don't want to get in trouble for double-dipping.

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Yeah, benefit fraud is serious business. They will make you pay it all back plus penalties.

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One more thing - if you do end up needing to file for unemployment later, make sure you understand the job search requirements. Washington ESD requires 3 job search activities per week and you have to log them in the system.

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I'll keep that in mind for the future. Right now I just need to focus on getting better.

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Smart approach. Get your workers comp claim filed first, then worry about UI later if needed.

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Had a similar situation last year. The waiting periods are different too - workers comp doesn't have a waiting week, but unemployment has a one-week waiting period before you can get benefits.

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Every little detail helps. Thanks for sharing your experience.

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If you do need to contact Washington ESD down the road about UI eligibility after your injury, definitely check out that Claimyr service I mentioned. Makes getting through to them so much easier than trying to call on your own.

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I used Claimyr too when I couldn't get through to resolve my claim issue. Worth it to avoid the headache of being on hold for hours.

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Bottom line: Workers comp = injury at work, handled by L&I. Unemployment = job loss while able to work, handled by Washington ESD. Two different programs, two different agencies, different eligibility rules. You can't get both simultaneously.

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Perfect summary! That clears up all my confusion. Time to contact L&I about my work injury.

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Good luck with your claim! Make sure to keep all your medical records organized.

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Also worth noting that if your employer doesn't carry workers comp insurance (which is illegal in WA), you might have other options. But that's getting into more complex territory.

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How do I find out if my employer has workers comp coverage?

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You can check with L&I - they keep records of which employers have coverage. It's required by law for almost all employers in Washington.

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just remember to report your injury to your supervisor asap if you haven't already. there are time limits for filing workers comp claims

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Already reported it to my supervisor. Just wasn't sure about the benefits part.

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The medical coverage is probably the biggest difference. Workers comp covers all your injury-related medical treatment. Unemployment doesn't provide any medical benefits at all.

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That's a huge difference. My medical bills are already piling up from this injury.

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Yeah, get that workers comp claim filed ASAP so they can start covering your medical costs.

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Some employers try to pressure injured workers into not filing workers comp claims. Don't let them intimidate you - it's your legal right to file if you were injured at work.

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Thankfully my supervisor was supportive when I reported the injury. But good to know my rights.

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If you end up needing vocational retraining due to your injury, workers comp can sometimes cover that too. Unemployment doesn't provide training benefits in Washington.

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Hopefully it won't come to that, but good to know it's an option.

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One last tip - keep detailed records of everything related to your injury and claim. Workers comp claims can get complicated and you'll want documentation of everything.

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Great advice. I'll start a file with all my medical records and correspondence.

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Smart move. Organization is key with any kind of benefits claim.

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Hope your injury heals quickly and your claim goes smoothly! Workers comp can be a lifesaver when you're dealing with a work-related injury.

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Thanks everyone for all the helpful information! Really appreciate this community.

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