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Washington ESD unemployment vs workers comp - what pays more workers' comp unemployment benefits?

I hurt my back at work last month and I'm trying to figure out if I should file for unemployment through Washington ESD or stick with workers compensation. My employer laid me off while I was on workers comp leave and now I'm confused about which pays better. Has anyone dealt with this situation? I'm getting about $890 a week from L&I but wondering if unemployment would pay more. My wage base was around $58k last year.

You generally can't collect both at the same time. Workers comp through L&I is usually based on your actual wages while unemployment is capped. If you're getting $890/week from workers comp that's probably higher than the max weekly benefit amount for UI which is around $999 right now.

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So I can't double dip? That makes sense I guess. I'm just worried about when the workers comp runs out.

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Right, no double dipping. When workers comp ends you might be eligible for unemployment if you're able and available for work. The key is proving you can work again.

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been through this exact situation last year. Workers comp paid way more than unemployment would have. I was getting like $750/week from L&I vs maybe $400-500 I would have gotten from Washington ESD based on my wages.

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What happened when your workers comp ended? Did you transition to unemployment?

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Yeah but it took forever to get approved because they had to verify I was cleared to work by my doctor. Took like 6 weeks of adjudication.

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The calculation is different for each. Workers comp is based on your time-loss benefits which are usually 60% of your gross wages. Unemployment maxes out at $999/week in 2025 but most people don't get the max. If you made $58k you'd probably get around $550-650/week from unemployment.

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So workers comp is definitely paying me more then. I'm getting the 60% of my wages which comes to about $890.

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Wait I thought unemployment was based on your highest quarter earnings? I'm so confused by all these calculations.

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It's based on your base year earnings divided by 52 weeks, then you get about 50% of that up to the maximum. It's complicated but there are calculators online.

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I had a nightmare trying to reach Washington ESD when I was transitioning from workers comp to unemployment. Spent weeks calling and getting hung up on. Finally found claimyr.com which helped me get through to an actual person at Washington ESD. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service. Does it actually work? I'm already dreading having to call Washington ESD when my workers comp runs out.

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Yeah it worked for me. Saved me hours of calling. They basically call for you and get you connected to a real person instead of the automated system.

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Sounds too good to be true but if it helps with those ridiculous wait times I might try it.

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HUGE difference between the two programs. Workers comp is designed to replace lost wages while you recover. Unemployment is for people who are able to work but can't find a job. You can't collect unemployment if you're unable to work due to injury.

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That's what I'm worried about. What if I'm partially recovered but not 100%? Can I work part time and still get some benefits?

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With workers comp yes, they have vocational rehab programs. With unemployment you have to be able and available for full time work or you won't qualify.

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this is so confusing!! I thought you could get both if you got laid off while on workers comp?? my cousin said she did this in oregon

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Different states have different rules. In Washington you can't collect both simultaneously. Your cousin might have been in a different situation or different state rules.

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ugh why is everything so complicated. I can barely figure out my regular unemployment claim let alone this workers comp stuff

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Just want to add - make sure you keep all your medical documentation when you transition. Washington ESD will want proof that you're cleared to return to work before they'll approve unemployment benefits.

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Good point. I'm keeping copies of everything from my doctor and L&I case manager.

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Yeah they're super picky about the medical clearance. I had to get three different forms filled out.

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The real question is what happens to your job search requirements if you're transitioning from workers comp. Are you supposed to be looking for work while you're still recovering?

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You only have to do job searches once you're cleared to work and file for unemployment. While on workers comp you're not required to look for work.

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That makes sense. I was wondering how that would work with the WorkSourceWA requirements.

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Been dealing with this for months. Workers comp definitely pays more in most cases. I'm getting $1100/week from L&I vs probably $500 I'd get from unemployment. The trade off is workers comp eventually ends while unemployment you can get for up to 26 weeks.

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Wow $1100/week is really good. What kind of work were you doing? I'm in manufacturing.

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Construction. Higher wages so higher workers comp payments. Manufacturing should still pay decent though.

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damn I need to get hurt at work lol jk jk but seriously that's more than I make working

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For anyone reading this thread - the key thing to remember is timing. You need to file for unemployment as soon as your workers comp benefits end AND you're medically cleared to work. Don't wait or you might miss out on benefits.

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How quickly do you need to file? Is there a deadline?

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You should file within a week of your workers comp ending. There's no hard deadline but the sooner the better to avoid any gaps in income.

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I tried to game the system and apply for both and got caught. Washington ESD found out about my workers comp payments and I had to pay back like $3000 in overpayments. Don't try to collect both!

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Yikes! How did they find out? Do the systems talk to each other?

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Yeah they cross reference with L&I records. I thought I was being sneaky but they caught it during an audit.

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Ouch. That's why you gotta be honest on all the forms. They always find out eventually.

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Just to follow up on my earlier comment about claimyr - when I was transitioning from workers comp to unemployment I needed to speak with someone at Washington ESD to clarify my medical clearance status. Claimyr got me through to an adjudicator in like 20 minutes instead of the usual hours of calling.

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That's really helpful to know. I'm definitely going to bookmark that for when I need to make the transition.

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How much does it cost? I'm always skeptical of these third party services.

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It's worth it when you consider how much time it saves. Check out their demo video to see how it works.

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The Washington ESD system is so outdated. I spent 3 hours on hold yesterday just to ask a simple question about my claim status. These government agencies need to get with the times.

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Tell me about it. I'm not looking forward to dealing with them when my workers comp ends.

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At least with workers comp you mostly deal with L&I which is slightly better than Washington ESD in my experience.

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To wrap this up - workers comp almost always pays more than unemployment because it's based on wage replacement vs unemployment which has caps. But unemployment lasts longer and has job search support. Choose workers comp while you're recovering, then transition to unemployment when you're ready to work again.

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Thanks everyone for all the advice. Sounds like I should stick with workers comp for now and plan for the unemployment transition later.

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Smart choice. Just make sure you have all your paperwork ready for the transition.

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My brother went through this same thing. Workers comp paid him $800/week vs maybe $450 he would have gotten from unemployment. But he had to fight L&I for every penny - they kept trying to cut his benefits early.

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That's what I'm worried about. L&I has been okay so far but I hear they get tougher the longer your claim goes on.

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Yeah they definitely try to push you back to work before you're ready. Make sure you have a good doctor who will advocate for you.

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The transition between workers comp and unemployment is the tricky part. There's often a gap where you're not getting any benefits while Washington ESD processes your claim. Plan for at least 4-6 weeks without income.

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6 weeks?! That's brutal. Is there any way to avoid the gap?

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File for unemployment before your workers comp ends if possible. But they won't approve it until you're actually cleared to work.

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This is why I always tell people to save money when they're on workers comp. You never know when it'll end.

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One more thing - if you do transition to unemployment, your job search requirements will be based on your pre-injury work capabilities. They can't force you to take a job that would re-injure you.

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That's good to know. I was worried they'd make me apply for jobs I physically can't do.

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Nope, reasonable accommodation applies to job search too. Just make sure you document any physical limitations with your doctor.

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Bottom line: workers comp pays more, unemployment lasts longer. You can't have both simultaneously in Washington. Plan the transition carefully and keep good records of everything.

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Perfect summary. Thanks to everyone who shared their experiences. This thread has been super helpful.

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Glad we could help. These situations are confusing but at least now you know what to expect.

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Just remember when you do need to call Washington ESD for the transition, services like claimyr.com can save you hours of waiting on hold. I used them twice during my unemployment claim and it was a lifesaver.

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I'll definitely keep that in mind. Seems like several people here have had good experiences with it.

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Yeah the Washington ESD phone system is terrible. Any service that can help you actually reach a human is worth considering.

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Good luck with everything! Hope your recovery goes well and the transition to unemployment (if needed) is smooth. At least now you know what to expect financially.

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Thanks! This community is awesome. I'll update if anything interesting happens with my case.

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