Washington ESD unemployment vs workers compensation - can I get both?

These are completely different programs! Workers compensation (L&I) is for when you're injured on the job and covers medical expenses plus partial wage replacement. Unemployment insurance through Washington ESD is for when you lose your job through no fault of your own. You generally CAN'T collect both at the same time because unemployment requires you to be able and available for work, while workers comp assumes you're unable to work due to injury.

That makes sense! So if I'm getting workers comp payments, I probably don't qualify for unemployment benefits?

Exactly right. The 'able and available' requirement for UI benefits conflicts with being unable to work due to injury. Stick with workers comp for now.

wait im getting workers comp but also applied for unemployment am i doing something wrong??? nobody told me i couldnt do both

You need to contact Washington ESD immediately to report this. Getting both when you're not eligible could create an overpayment situation that you'd have to pay back later.

oh crap how do i contact them? i keep calling but cant get through

I actually found this service called Claimyr that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Way better than sitting on hold for hours.

I went through this exact situation two years ago. Workers comp and unemployment are administered by completely different agencies - L&I handles workers comp, Washington ESD handles unemployment. The key difference is that workers comp doesn't require you to look for work (because you're injured), while unemployment requires active job searching. You can't be both unable to work and available for work at the same time.

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

Yes, once I was cleared to return to work but my position was eliminated, I applied for unemployment benefits. That's when both programs can work together - just not simultaneously.

The Washington ESD website is pretty clear about this if you read the eligibility requirements. You have to certify every week that you're able and available for work. If you're collecting workers comp, you're by definition not available for work.

I tried reading the Washington ESD website but it's so confusing with all the legal language. Thanks for explaining it simply.

Yeah the ESD website is a nightmare to navigate. I always get lost in all the different claim types and requirements.

IMPORTANT: There might be some edge cases where you could potentially qualify for both, but it's very specific circumstances. Like if you're on light duty workers comp and can work part-time, you might be able to get partial unemployment benefits. But you'd need to talk to both agencies to make sure you're doing it right.

How would I even coordinate between L&I and Washington ESD for something like that?

You'd need to be completely transparent with both agencies about your situation. Any attempt to hide information from either one could get you in trouble for fraud.

this is why the system is so messed up, nobody explains any of this stuff clearly and you have to figure it out yourself

Tell me about it. I've been trying to get answers about my claim for weeks and can't get through to anyone at Washington ESD.

Have you tried that Claimyr service someone mentioned earlier? My cousin used it last month and actually got through to talk to someone at ESD the same day.

From a practical standpoint, workers comp usually pays better than unemployment anyway. Workers comp replaces a higher percentage of your wages, and you don't have to do job searches or weekly certifications. If you're legitimately injured, stick with workers comp.

How much does workers comp pay compared to unemployment in Washington?

Workers comp pays about 60-70% of your wages, while unemployment maxes out at $999/week regardless of your previous salary. So if you made good money, workers comp is probably better.

I'm a former L&I claims adjuster, and I can confirm that collecting both unemployment and workers comp simultaneously is generally not allowed. The programs have conflicting eligibility requirements. However, you can transition from one to the other as your situation changes.

What's the process for transitioning from workers comp to unemployment when you're cleared to work?

Once you're medically cleared for work, your workers comp benefits end. If your job isn't available anymore, that's when you'd apply for unemployment benefits through Washington ESD.

can someone explain what happens if you accidentally applied for both before you knew you weren't supposed to?

You need to contact Washington ESD immediately to report the error. They'll probably stop your unemployment benefits and may require you to pay back any money you weren't eligible for.

ugh this is so stressful, I wish there was an easier way to reach them than sitting on hold forever

The bottom line is that these programs serve different purposes. Workers comp is insurance for workplace injuries, unemployment is insurance for job loss. You can't be both injured-and-unable-to-work AND available-for-work at the same time. It's basic logic when you think about it.

Makes sense when you put it that way. I guess I was just confused because both involve getting money when you're not working.

Yeah, that's the source of confusion for a lot of people. Different reasons for not working = different programs.

I actually used Claimyr recently when I had questions about my unemployment claim status. Super easy to use and I got through to someone at Washington ESD within like 20 minutes instead of waiting hours on hold. Worth checking out if you need to talk to them about this workers comp situation.

Is it expensive to use?

It's way cheaper than taking time off work to sit on hold all day. Plus they have that demo video that shows exactly how it works.

Thanks everyone for clearing this up! I was really confused but now I understand they're separate programs with different rules. I'll stick with workers comp for now since that's what applies to my situation.

Good choice! And remember, if your situation changes later, you can always apply for unemployment benefits then.

Exactly what I needed to know. This forum is so much more helpful than trying to navigate the government websites.