Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Can I Collect Unemployment While My Workers’ Compensation Claim is Open?

I’m often asked if injured workers can collect unemployment benefits while their workers’ compensation claim is open. In general, the short answer is – usually no. Injured workers cannot collect unemployment benefits and time-loss compensation benefits at the same time. Unemployment benefits are for individuals who are willing and able to work but are unable to get a job. Time-loss compensation is for people who are unable to work because of work injuries or occupational diseases.


Examples when injured workers can collect unemployment benefits

There are some circumstances whereby injured workers can collect unemployment benefits. The best example I can think of is when an injured worker is declared as capable of working but haven’t obtained a job yet. Usually, once a vocational counselor determines that an injured worker can return to work, then time-loss compensation benefits are immediately terminated. However, finding that an injured worker can return to work doesn’t mean they have a job to return too. When this happens, unemployment benefits can be a saving grace. They can provide the injured worker with some income and access to job search resources through WorkSource.


The takeaway

In summary, it is important for injured workers to know they cannot simultaneously collect unemployment and time-loss compensation benefits. However, under certain circumstances, it is fine to collect unemployment benefits. For example, when searching for a job or for options to return to work after an industrial injury or occupational disease. Additionally, WorkSource can provide many useful resources. These resources include help writing a resume, searching for available positions and work opportunities, and others.


  1. Joshua

    Would I be eligible for unemployment if I received a job offer from my employer while on time-loss that meets the requirements from my doctor? However, I do not wish to return to my employer where my injury occurred. I am looking elsewhere while in physical therapy.

    • L&I attorney

      Thank you for reaching out. I’m sorry to hear that you are in this situation. I don’t represent people in the unemployment setting and am not in a good position to say with any certainty how the unemployment department will view this situation. However, I think it is likely you would be denied unemployment benefits on the basis that you elected not to take employment you were offered. That being said, in order for a job offer to be valid, it must meet certain requirements. Would you like to schedule a free consultation so that I can ask some questions I order to determine whether you have an argument that the job offer wasn’t valid?

      • blank

        Hello I had a question I had got hurt on the job the job didn’t file no report of injuries or anything I was on disability insurance an as of the 19 of this mouth was closed out I had to get surgery an now they closed it due to the time after care from the doctor I still have pain an can’t lift anything due to surgery had it on 8/18/20 an been recovering every since but when I try to go back to work I was replaced when my boss said he will still have my spot open can I collect employment

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      If your employer offers you a light duty job on a totally different shift you usually work. Stay in theraphy and collect unemployment. You can and are available for work but when offered 1 st shift and you have worked 3 rd. Shift, you have no job to return to…..stay in theraphy and stay away from Attorneys trying to make a living on your pain and suffering. You can deal directly with your Comp adjuster later in life. Stick to therapy a year if your hurting. Attorney, do it yourself. Comp claim adjusters are very able, fair to you and willing.
      Happened to me more than a few years ago. I also went back to same Company a year later.

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        Kaila Rivera

        So I got hurt on the job was put out of work I didn’t know about worker’s compensation I had started right away looking for a new job but had applied for unemployment (I was actively looking for a job hoping to find someone who would work with me) then two weeks later found out I should have been on workers comp as soon as I found that out I stopped making claims with unemployment right away 3 weeks after that found out I was getting all of this back pay I was still in pending status with unemployment again not knowing but I did notify them of this mix up and thought that was the end of it but then today (months later) they sent me the payments for those two weeks and I don’t want to get in trouble how do I fix this

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    I work at Boeing and was going to work 40 hours a week. Like all other employees in Washington I was laid off and started to claim unemployment. Out of the blue I receive a check from Boeing’s private insurer. I have since found out that it is considered an L&I payment for the first 2 weeks of “standby”. Unemployment now has been denied in total and they are seeking repayment of the initial money that I received including the extra money that I had taken out for taxes. This L&I payment is thousands of dollars less than the unemployment would have been. I have tried every way to contact unemployment with no success. Our governor instructed all to “stay home and stay safe” if it was not essential for you to be at work due to Covid. I did this but am being flat out denied all UE benefits.

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      L&I attorney

      Hi Jonathan. Thank you for your message. This is indeed a complicated matter. Please check your inbox for a response from our office.

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        Tracie Bostic

        Same thing happened to me.

    • blank

      Did you cash the Boeing check while receiving unemployment ? And did you report it to unemployment ?

    • blank

      Unemployment has been denied for millions of Americans for no good reason. Someone needs to do something about the unemployment programs. How can we survive if we can’t find a job and are denied unemployment?

      • blank

        When you watch the President on National TV, he brags about the low unemployment rate in this country. Unemployment claims percentages are not low but many have been denied benefits, such as us. I was injured at my job. Had surgery. My employer terminated me after I returned to work. He lied to the unemployment office and workers comp carrier and said I quit. That was not true. The workers comp has not paid me a dime during this past year. The State Disability office said I could not receive monies because I had an open workers comp claim. So I’ve had to live off my savings all these months. It’s been a year and I’ve not been able to find a job to accommodate my limitations. The next time you hear this President brag about low unemployment rates, don’t vote for him. We just want to feed our family.

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          Lori Foley

          you are so correct. I’m in similar position and absolutely no one will or can help me
          and people are trying to stop homelessness??? BS
          My GOVERNMENT EMPLOYER is the one doing this! And I have a 17 year tenure!!! Swallow that! This crap needs to stop.I have no income, no health, and they refuse to let me go. Most lawyers won’t touch it.

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        Jennifer M Ahrens

        Amen…the whole process is ridiculous! workman’s comps laws and procedures benefit the company and it’s insurance providers…NOT injured workers.

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    Hello, and thank you for this great article. My situation is that I worked as IT in an arena and broke my back in 2018. My employer terminated me in January 2019 after it was apparent that I could not perform my job 100%. I then went on full Workers Comp. I am now past my time-loss limitations and am being paid out (weekly) my settlement. I want to apply for Unemployment benefits. The compensation doctors didn’t really fix me, I am left with nerve damage, but would still like to return to work. I obviously don’t have a job to return to. Bottom line is, I am still receiving pay from Comp, just not the regular pay. Does this make since?

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      L&I attorney

      Hi Jessica. Yes, it makes some sense. As long as the money you are currently receiving is not total disability benefits (time loss or pension that you are getting because L&I says you are not capable of working), then you can apply for unemployment benefits and take advantage of resources such as Work Source to help you find a job.

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        Kimberly Sharp

        Hello, I have worked all my life and never collected unemployment. Last year I was injured at work and my work and my work comp was denied. My employer also told me that I had to be a 100 percent to come back and that they didn’t have any light duty for me. I applied for state disability but my employer doesn’t pay into it, they only pay into unemployment. I fielded a claim with American Fidelity and was given a very small amount every two weeks. I then fielded for unemployment and they excepted my claim. I reported everything that I received. Now my work comp claim has been excepted and I will be getting the all the back pay for 5 months. I have since returned to work. Do I have to pay that back to unemployment?

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    Devin Murray

    I have been on workman’s comp for 7months and it is paying me a quarter of what I make. I have a coming up eventually when they approve it and that is up to another four to six months down the road. I will lose my house and everything that I’ve worked for if it goes on like this without amount of money unemployment would make up the rest of what I am not making right now so that I am considered okay in my tax bracket of where I live. What can I do to fix this where I at least make 80% of my salary?

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      L&I attorney

      I had some trouble fully understanding your question, but it sounds like you are concerned about the amount you are receiving from workers’ compensation benefits.

      Here is a link to an article I wrote about how wage rates are computed in L&I claims: https://recklaw.com/wage-calculation-workers-compensation-l-and-i-claim/

      In short, if you are single with no dependents you should be getting 60% of what you were making at the time you were injured. That percentage should increase if you are married and have children. Additionally, your wages should include the value of things like health care benefits, bonuses, and room and board if you received those things as part of your employment.

      If you feel you are not being paid accurately, that you need to bring it up with L&I right away. You can contact your claims manager directly or you can work with an attorney to make sure your wage rate has been calculated correctly.

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    If I was on partial unemployment and got hurt while being on it but now I’m getting workers comp can I still get unemployment?

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      L&I attorney

      Hello Jorge. While every situation is unique, it is generally not okay to collect unemployment and workers compensation benefits at the same time.

      • blank

        Would you be able to restart a unemployment claim after you’ve been released to full duty but are still receiving medical benefits?
        (I was also injured while on partial unemployment)

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    I worked for a company before. I was at the part of my training about truck day. By the way I did truck with my trainer – 3700 pieces. I got hurt. Their lawyers have not paid me any workman’s comp. They are claiming it’s preexisting. It’s been 6 months. I go to the doctor weekly – didn’t before the accident. But I have no money to even go to doctor now. I’ve ran out. Can I qualify for unemployment?

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      L&I attorney

      Hello Stacie. If you are not receiving workers’ compensation benefits then you can certainly apply for unemployment. However, I don’t know enough about your situation so I can’t say whether you qualify for unemployment or not.

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      Lori Foley

      Probably not I applied as well and was denied because I am under a doctor’s care. If you can’t report work, you get denied. My employer even lied about my status by saying I was on Medical Leave. Everyone in this should get together on these cases and let them have it!! I’m calling my local congress person tomorrow and ask for help. We need some help here!!!

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    What if I was injured at work and the accident happened three times on three different days because a safety hazard didn’t get corrected? And when I reported the safety hazard and incidents to the employer they immediately said I needed a form to return to work or a note from my primary doctor? Because they felt the injuries were preexisting due to me coming off of two year of no work. By order of my doctors but the last authorization had a future return to work date that I had to adhere to for general assistance cash aid. And the nurse from social services had actually stated I was incapacitated and the employer’s on site manager said I had refused medical treatment when in fact they were uninsured at time of injuries and they were delaying work comp claim admin information and never gave MPN authorization to treat til 38 days after I reported the incidents. The safety hazard still not corrected and they terminated me and then denied claims due to no medical record of injury. I was hit three separate times by falling object that fell twenty feet. Each time hitting me in head.

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    What if you were injured at work and terminated after reporting injury. Told by supervisor that you refused medical treatment. A safety hazard didn’t get corrected making it unsafe to work and the government shutdown came and the employer delayed submitting WC claim form for thirty eight days then denied claims after terminating you and then the pandemic came and you still get no work comp benefits. Then Unemployment says you have zero award balance and exhausted all benefits but because you were on a two year continuous order from your primary doctor to do no work of any kind then after two years he gave a return to work by date so you excepted a job. But then you were hit in the head by falling object at work and have preexisting disability that made you high risk of contracting virus if exposed to. So you file for PUA benefits and are eligible to receive benefits under cares act but work comp still isn’t giving any benefit to you.

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    I was injured in a way that prohibits me from returning to one of my jobs and im on time loss for but physical i can do my other 2 jobs which i need to keep afloat yet with covid i cant return to the other 2 jobs. Can i file for my underemployment? I am able and ready for work. My injury from my 1st job was a physial attack that has done a number and ptsd for that type of job. That is why i have doc not to do any of my other jobs or look for more any help would be great. Thanks

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      L&I attorney

      Hi Trisha. The answer to your question is too long to type. Can you please call our office and we’ll go over this with you?

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    I have been collecting partial unemployment due to reduced hours (as a result of COVID) since June. I fear I might have to file a workers compensation claim due to progressive Carpal Tunnel Syndrome. Will this affect my unemployment claim? I live in Washington State.

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      L&I attorney

      Hi Aaron. The short answer is – Maybe. If you file a claim, and if your claim is accepted, and if it is determined that you are incapable for working (regardless of COVID) because of your claim related conditions (such as carpal tunnel syndrome), then you may be entitled to receive time-loss compensation benefits. If you receive time-loss compensation benefits, you cannot simultaneously collect unemployment benefits. I hope this helps.

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    So i just found out i couldn’t collect worker’s compensation and unemployment at the same i been doing it for 2 months. When i told my mom about it she instantly told me i couldn’t do it. I started out on unemployment until i had surgery then i start receiving my worker comp. who this affect my settlement if i as suppose to get one. what i suppose to do about this situation? Obviously stop collecting unemployment but how do i go about without them knowing or will they know? Just don’t wanna be penalize

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      L&I attorney

      It is generally true that you cannot collect unemployment (even partial) if you are also collecting time loss compensation. If you have collected both when you shouldn’t, it will probably not be possible to avoid having to repay unemployment. You should probably notify L&I and unemployment so they understand it was an innocent mistake. Whatever you do, don’t continue collecting unemployment while you are getting time loss compensation.

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        If you are declared to be able to return to work but your current job cannot accommodate the dr orders u can collect unemployment and worker’s compensation because u are willing able to work u are just not able to work at your old job and if they are paying you at less than 100 percent unemployment will make up the difference until you are able to find work that accommodate the dr orders

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    Got shoulder surgery July 27 due to an injury at work. Surgery was postponed due to Covid. My compensation while out is approximately $400 less a week which makes it extremely difficult to keep up with my bills ,would I be eligible for unemployment benefits until I return to work

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      L&I attorney

      Probably not. Generally you cannot collect both unemployment and time loss compensation at the same time. Since time loss compensation is only paid as a percentage of what you were making at the time of injury, it is definitely a financial burden. I’m sorry to hear your surgery had to be delayed due to COVID. Hopefully you will be entitled to some permanent partial disability or PPD when your claim closes, that will help you catch up financially.

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    I am receiving LEP payments from a previous job due to a work injury. I currently work for WA state – different line of work, less money, hence the loss of earning power compensation. Due to Covid 19 and budget shortfalls with my current job, I was forced to take one unpaid day off per week during the month of July and now have to take one unpaid day off per month through the end of the year. We were instructed to file for unemployment under shared work rules which I did. I answered ‘no’ to the question, “are you receiving any workers compensation “ when filing because I thought the question was pertaining to my current employer only., not my past employer. Anyway, I am being paid loss of earning power checks from a private insurance company from previous employer. I have not refused any work from my current employer and I am physically able to do the job I currently have – just not the job I used to have. Now unemployment is saying I wasn’t entitled to the benefits I received from them and have to pay them back. That makes no sense to me. One has nothing to do with the other. What are the rules regarding a situation like mine?
    Thank you.

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    I had an accident at the end of July in my left arm. I went to the doctor and he sent me to physical therapy for a month of which I already did. The doctor says I can do light work maximum 10 pounds. I let my work know that I could work but they don’t have a job at the moment for me. I wanted to know if I could receive unemployment. since at the moment I am receiving work compensation. Thank you

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      L&I attorney

      Generally if you are receiving wage replacement benefits through your Worker’s Compensation claim, such as home loss compensation benefits, you cannot also collect unemployment benefits.

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    I am on 50% workers comp my company States they can no longer accommodate my work restriction and cut me loose I am still considered 50% employable but the company has not released me yet due to FMLA and workers comparisons can I collect partial unemployment while on 50% workers comp?

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      L&I attorney

      In general if you are receiving wage replacement benefits through your Worker’s Compensation claim such as time loss compensation benefits or loss of earning power benefits, you cannot collect unemployment at the same time. Your scenario sounds a bit unique and it’s challenging to give you a specific answer without knowing more details. It might be a good idea for you to have a quick consultation with a Worker’s Compensation attorney so that you can be provided with better information about your particular scenario.

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    So my husband in July got told can only do light duty until surgery on his shoulder. Company has tried but no LD due to Covid lack of jobs(construction). Mean while Dr. Started a occupational disease claim. We heard nothing from anyone. We finally got a hold of LnI asked them what should we be doing?. For yes no income we will lose everything. They replied with keep claiming unemployment. Okay ….??? another month goes by. Hear nothing. So out of the blue Dr.(not lni n no letters or emails or updates) calls says claim approved surgery approved and set a date for tomorrow. So last week when we found this out. Called LnI in a panic asking what do we do now???. For once he has surgery no can not work at all. Feel not legal to keep claiming . All they said is okay stop claiming unemployment. (well duh) and that they are sending time loss check from July until Sept 20th . Ahhhh asked ummm why send check we been claiming unemployment. Are we gonna get hit to pay all that back..? Including weeks with the extra 600. n 300.00? Feel we just put ourselves not knowing n was told to do this in bigger debt. Dam #screwcovid. Still have not received anything in mail that we were told over the phone by lni.. Thank god we called.
    So as of now not obviously going to claim anything through unemployment. Cant get a hold of unemployment. But scared to use any of money on bills. Neither one of us has been on lni nor unemployment until recently…no idea what to be doing next. Oh n like she mentioned above said “no “not collection workers comp.. Cause it will automatically deny you on system.

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    Can I receive unemployment after a workers comp settlement since the reason I’m resigning would be under “voluntary quit good cause of health and safety”? As stated on the EDD site.

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      L&I attorney

      To be honest, whether it would be appropriate for you to collect unemployment benefits under these circumstances is highly fact specific. I would recommend seeking advice from an attorney experienced in unemployment benefits.

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    My wife shoulder was injured Feb 2019 she was off for 3.5 months or so to just get an injection, first it was restrictions, and Physical therapy, that made it worse so she got a MRI, that’s when they wanted to try the injection, she went back to work for a few weeks from mid june 2019 to end of september early october, She was wrote of again for restriction this time not as strict, she went to work 1 day and they sent her home with some made up thing that they could not offer her light duty(part of their plan to let her go) The doctor came up with she would need surgery. It all was in motion for end of november 2019, and the WC insurance said her injury was now not their fault by end of january or so we won that decision, then they applied again by end of February 2020 her work sent her a letter that she was being let go from her position and when she was better she would have to re apply tho she was still employed (i guess) we went on to the second hearing won that and 3rd hearing and won that finally. She got surgery June 2020 and was ready to return September after recovery her work had told her she would be able to apply but there are no positions. they said she was going to have options for 90 days to apply but she called and said she was fully terminated. She filed for unemployment and might get it but it seems like almost nothing vs what she made weekly I know its roughly 50% of what you make in ohio but this is not even close. should they not be calculating it off what she made? pre injury? It seems like they had retaliation when they offered her work and she came in and then they sent her home. it seems like unemployment is taking forever because of how long this all took she filed first day she was aware of being unemployed how do we know we are getting the right amount and its being done right

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    Alisha Potestio

    Would I be eligible for unemployment For my job that I am currently working even though I am collecting Illinois from my old job? Ella Mai is aware and okayed me to work up to four hours a week at my current job. Because of the Covid shut down I can’t work for four weeks at the least. So would I be eligible?

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    Laura M

    I am currently getting unemploylent but I just got a check from a Workers Comp settlement from a last year injury. I never got any money from Workers comp, only one time payment in a check. When I recovered, I quit and got another job until Covid happened. Do I have to report this income to Unemployment and continue getting it? Thanks!

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    Hi….I get unemployment but I filed a workers comp claim. Can I still file my unemployment.

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    I got injured on the job on June 18 2019, I was off work and going to physical therapy via worker’s compensation. During my rehab, it was looking like my injury was going to change my ability to do my job,my employer wouldn’t even let me do filing work bc the files were 15lbs. The short story , WC, dr during treatment said I was able to go back to work b4 my therapy was finished & b4 more test were done on my neck. My last chk from unemployment worker comp was 09/2019 Oct- to end of May I had no income , used credit cards to cover expenses and food stamps .I didn’t apply for unemployment bc I was working on healing. Jan 2020 I was able to get state health care & get more PT .
    Oct 31 2019: a mri in Idaho showed my neck damage the prior dr tried to ignore . While my WC lawyer worked on my case and I had no income .
    I started to look for light duty work & applied for unemployment 5/24/2020 as I worked on my settlement against my last employer for a work injury & loss of job. I am
    Working with vocational rehab trying to get work .
    I found out today dec 11 2020, I have been given a diagnosis of permanent disability from a OCT 7 2020 exam via CA div of WC: and they are due to pay me 290. a week every 2wks for 80.5 weeks .
    Will I owe money back to unemployment?!
    Can I just discontinue unemployment from the date of 1st payment that I have yet to receive?
    As this money should have been coming to me the months 7months of no pay I spent with 0 income : hence I don’t apply for Unemployment at all Until I could manage to some new Light duty work out of need not physical abilities overall.
    I was illegally dropped from my claim back in 09/2019. Unemployment helped me out a credit card whole , wher I still owe 20,000 in credit card debt bc of this injury & my employer/ WC dr trying to slide outta their responsibilities around my work injury.

    How do I handle canceling unemployment once the past due worker comp starts to payout .


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    John khitikian

    My name is John. I was hurt on the job and went to the doctor right away. I ripped my tendon in my rotator cuff very severely. I went and also got an MRI. I let my work know and they did nothing about it. I filed something with the Arizona industrial commission as far as filing for workman’s comp. The lawyers for the workman comp insurance company denied my claim. I was instructed by the industrial commission to file for unemployment which I did. Unemployment did kick in but also while I was receiving the payments the coronavirus stimulus cares act also kicked in which gave me additional money per week. Arizona is $240 a week through unemployment. At one point I was getting like $840 to unemployment. I fought the workman’s comp case. The lawyers for workman’s comp finally accepted my case. Once they accepted my case they still had not sent me any type of money they were still giving me hard time. After 28 weeks my unemployment ran out then the workman’s comp attorney said that I received x amount of dollars from unemployment and we’re going to deduct the payments that we owe you in the Retro check and give you the remaining balance. Is this legal in Arizona? The cares act money was a bonus to the federal government and not a state agency or a purchase policy of workman comp through my employer. Yes it was funds but how do they take that from my workman’s comp check when in fact my workman’s comp money would have been more than my unemployment money just because the cares act money? I don’t think they should be able to touch that Federal granted money as far as the cares act goes. I’m not referring to the covid-19 stuff I’m referring to the stimulus package for unemployment payment increases. Is this legal on workman’s comp?

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      L&I attorney

      Hello John. I’m sorry to hear about your unfortunate experience. Unfortunately, I am only able to provide advice about workers’ compensation claim issues in Washington State.

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    I had a full time job and had a knee job injury in 2019. I had my surgery in March 2020. Since august 2020 I started to work on modified duty for only 20 hrs a week and the rest was compensated by the workers comp.
    Now the store where I was working went bankrupt and closed. Can I apply for unemployment while I am getting partial pay from workers comp?
    Please let me know. Thank you

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    Jay kulit

    Hello. I got injured while working at usps. I filed owcp but i hot denied. Now my union is fighting for it but im not getting paid right now. Never got paid since december 2020. Is there anyway i can apply for unemployment?

    • blank

      Were you able to file unemployment?? I’m in the same situation

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    Hi there, ok I’m still working, but loss of some hours due to covid, so I receive a small amount of unemployment . I got hurt at work on 1/20/21 and went to the doctor on 1/25/21 Dr. Says no work and were filing a l&I claim, I’m still waiting to see a orthopedic Dr.
    ( hopefully nothing is torn in my knee) my first Dr. Says he thinks it’s a sprain. My question is..do I cancel unemployeement? Or suspend until I can go back to work? I’m stressing about this. When I do go back to work( hoping soon) I still won’t have full hours due to Covid.
    Thank you.

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    cindy meek

    I got hurt on the job in an automobile accident with my employers automobile marijuana cards for workman’s comp for I got injured they denied me saying I was under the influence my employer lied and said are the drug free workplace there for workman’s comp will cover me what do I do I was at work I’m injured I have to provide for my family

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      cindy meek

      Workman’s comp will not cover me. In my employer knew of my marijuana card used for medical purposes

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    Currently on unemployment. Was injured at work but was able to continue to work. Eventually got laid off. Continued doctors appointments for the injury at work, and just received noticed that I will get Impaired injury benefits paid weekly for 12 weeks. I read that impaired benefits still allow you to collect unemployment. Is that true and how do I report it to the unemployment? How will it effect my claim?

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    I caught covid at my job, I have been out since (11/25/21) with long term symptoms. I am not getting paid from work as I was only employed for a month, however I am still employed. I applied for unemployment but am in appeal for a separate issue with prior employer. I work in xxx and filed for workers comp there. Can I do this or will it disqualify my unemployment?

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    Julie Anderson

    I was injured on the job and had to have surgery. My doctor has since released me to light duty work but my employer cannot accommodate me due to restrictions. Can I apply for unemployment?

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    Vicky Arguelles

    I was injured at work was placed on light duty. Then relived from duty all together. As they no longer had accommodations for me. Now my adjuster says I was overpaid while I was on light duty. They have denied my claim and are seeking state doctors to look at my injury. I’m fine with them looking at the injury as for my dr is wanting surgery for the injury. In the mean time. I’m not getting paid by *** workers compensation. Can I apply for unemployment benefits since I was displaced from my job due to my injury? I’ve also contacted the workers compensation insurance complaint department. But i’m a single parent and need some income to pay my bills.

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      L&I attorney

      Hi Vicky. I’m very sorry to hear about your situation. We only handle workers’ compensation claim cases in Washington State, so I’m unable to help with your question.

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    I have a question. I injured myself at work. I have been off since february and recieved my last paycheck on 4/7/2021 through COP. And did not receive a paycheck this past pay period because COP ended. Workmans comp has not given me time loss comp yet. Am i able to file unemployment seeing as there not giving me anything?

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    I had brain surgery april15, 2021 – also last day of my job, my job let me go since My last day I could work was in January of 2021. I wasn’t sure if I can file for unemployment, but I don’t see my dr for follow up visit till end of this month. I am also not sure if can go to work after that Appointment.

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    Amanda Reeves

    I was on workmans compensation for 3 years. Once I was cleared to go back to work, I no longer was receiving workmans compensation. Right after, That’s when Covid hit . My lawyer told me I can apply for unemployment benefits. I have a daughter who was out of school for covid. I got approved for PUA. (I’ve never applied for unemployment before) & worked all my life. Now unemployment is saying I owe 9800$ . I appealed it and have my court date on Thursday. I think it was a misunderstanding . I don’t think they were aware that I was on workmans compensation and then it ended. Was I not supposed to get PUA ? Will I have to pay all of that back? I just want to get prepared for my court date.

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    Hello I work for the USPS and I’m out on worker’s compensation, due to a dog bite and a injury to my thumb. I was denied workers comp pay by the OWCP. They’re saying, I have to be working for the federal government for 1 year to qualify. I want to know can I file for unemployment while I’m out waiting for surgery? It’s been 3 months since my injury and I’m about to lose everything.

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    Ann Jasone

    Yes I would like to know if I would qualify for the child tax credit although I did not file my taxes because of a back injury during Covid which left me out of work over a year. I received therapy, back injections and eventually was granted temp part time workers Comp which ended an I have certain restrictions after back surgery which means I can’t lift anything overn10 lbs so now I’m forced to look for work and apply for unemployment. I have a n17 yo daughter who needs my help. Can I apply for the monthly child tax credit sine I could not file any tax es for 2020?

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    Tam Johnson

    Hello, I got injured at work in June of 2000. I am on workmen’s comp but my benefits stopped in October of last year because they said my injury was stable and would not improve. I have not been back to work and am now a qualified injured worker. I am still employed but have not received any funds from work or workmen comp. Can I apply for unemployment?

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    I was in a motorcycle accident on my way to work. I was taken to the hospital with some not so good injuries. My work will not let me come back until im able to do my job and wont put me somewhere else that i am able to do. I cant get short term disability and im not getting paid for the weeks i have been off. Can i collect unemployment?

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    I work for a school and I broke my hand on the job in May. Still receiving medical treatment on my dominant hand. Wearing splint like cast and doing Occupational therapy. Work comp is only paying for medical treatment. Can I still file for unemployment??

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    Terry F

    Do I need to report a PPD closed claim settlement to ESD (unemployment)?

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    I’m not working nor receiving TTD benefits, I’m still not cleared to work. Can I file for unemployment then?

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    I have been out of work for over 3 months now, I got Covid-19 on August 2, 2021, I was hospitalized 3 times and currently am home but on oxygen. I work in the dental field directly over patients (I place fillings after the doctor removes decay) I know I got covid from work as I only went to work and the grocery store and always was masked up and social distanced myself from people. I did not know I could put a worker’s compensation claim in for covid until recently. In the mean time I applied for unemployment, which 2 1/2 months later have not received a determination on my eligibility. My employer just put in a worker’s compensation claim. My question is if unemployment approves my claim can I accept it till I hear from worker’s compensation and if I am approved for worker’s compensation I can stop my unemployment and let worker’s compensation pick up where unemployment left off?

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    I currently have a claim for an injured back . I am not collecting money from Workmans comp. My job has slowed down for the timebeing and only have worked a few days here and there for my employer . Can I collect unemployment until work picks up again?

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      L&I attorney

      I suggest you give our office a call for a free consultation. We can talk about your situation as it seems that you should be paid from your claim, but we cannot tell until we know more.

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    I was transferring from my current job in July to the same company in a different state. I was approved in July. I was moving October.
    I got hurt and had to have surgery in August and receiving workman’s comp. I am now in the new state, going to Physical therapy and doctor appointments. I found out the division I transferred to lost a big contract and my position is now eliminated. My dr is giving me driving allowed in 2 weeks but no lifting for another 3 months at least. If I have no job to return to, will workman’s comp continue to pay me till I get released 100% by a Dr or will it stop? Can I collect unemployment? I am in dire need of help with this.

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      L&I attorney

      Hi Timothy. I’m very sorry to hear about your situation. Unfortunately, I’m unable to provide any advice on workman’s comp matters outside of Washington State. I genuinely with you best of luck. I recommend you speak with a local attorney.

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    Latoya G Woolfork

    Can I apply for unemployment if I was fired 3 days after a work injury? I have a workers compensation claim on file but I had to hire lawyers to handle the matter since I have no information other then my claim number.

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    I got injured at work back in july. I am still waiting on a comp claim to be approved or denied. I was originally on light duty but once a comp claim was filed when my doctors said a 100% return to work was not likely, the company said no more light duty. Am I eligible for unemployment while the conmp claim is still being decided? I can technically work but cant perform the physical labor required and am still employed by the company, they just have no work for me.

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      L&I attorney

      Claim hasn’t been approved or denied since July? Something is not right here. Please give our office a call to discuss this.

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    i amputated part of a finger on a warehouse job last April and was placed on workers comp. At some point my Dr. cleared me for limited duty. My warehouse job said not to return until i was 100%. Since then i got a light duty office completely separate job. However last week my second job went out of business after working 8 months. My question is am i able to collect unemployment for the office job that just went of business although i am still getting workers comp from my 1st warehouse job ?

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    Ambrocio Quintanilla

    My doctor has not cleared me to return to work he has recommended that I will have to get back surgery but my workers comp has stopped paying me can I apply for unemployment I have not been cleared to return to work

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      L&I attorney

      Please call our office. We will need to understand more about what is going on.

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    Monica Orwig

    I have recently contacted an attorney to deal with SAIF on two cases. I am not currently collecting or “owed” any monies from workers comp. I was fired due to lateness a little over 6 monthes ago, but was denied. For reasons not pertinent to the discussion I did not appeal the decision. I am now wanting to know if I can file for and potentially receive unemployment benefits.

    Thank you.

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      L&I attorney

      Hi Monica. I’m sorry, but since you are outside of Washington State, there’s no way for us to know how to help here. I would recommend calling a local attorney that offers free consultations. I also don’t know who to refer you to, since we don’t have connections in your state.

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    If you are fired from a job while going to physical therapy and then the doctors find a tear and want you to get surgery is that person supposed to be getting unemployment until surgery or workman’s comp from time of being fired to when the dr. Clears said person

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    Tracey Ford

    I’m a postal worker injured on the job when a 400 pound cart struck me in my shoulder and tore my rotator cuff and herniated a few discs in my neck. It took me 8 months to get surgery. The dept of labor has turned me down 3 times claiming my Drs didn’t describe well enough why I needed to be off work. The post office did not meet my work restrictions but claim I turned down work which is not true and it’s holding up my back pay! Any suggestions or recommendations

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    Question: i was fired during a WC case which was initially denied as being work related. QME said yes its work related. A day after the QME appt. I was fired for disclosing company confidentiality rules which were SUPENOED and not given out by me . ( the said violation was about supenoed wages granted by the court which my attorney had requested). My TTD beneits will stop tomorrow. Am i able to apply for unemployment?

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    Can I be denied unemployment if I attend physical Therapy even though I am still able to work?

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    i was hurt on my job and fired at the same time (asked to leave) by my employer. would i qualify for both unemployment and workers comp benefits?

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    Daniel R Beck IV

    I was injured on the job and my employer was paying for all medical care. I quit that job to work another, but old job still paying medical. I lost my new job and am collecting unemployment. now I need surgery. so workmen’s comp said if I had been employed by anyone they would, of course, pay me benefits. but since I’m on unemployment that changes things.
    so will workmen’s comp pay me missing wages AND how would they calculate it? I’m already only getting 50% as it is on unemployment

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    Howard stump

    I have a question….
    3 yeas ago I broke my neck on the job..(butterfly. in Carthage mo.) hab tried to get disability but was denied and getting ready to refile …can I go back and get uninployment or what can I do to get commpensated…I did receive a small sediment from them ….thanks

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      L&I attorney

      Did you open a claim with L&I or the insurance company for your self-insured employer?

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    hello I have a question I filed workers comp but the Insurance company denied but I have a lawyer ..I did not receive any payments from workers comp but I did get money from disability now the chiropractor I was receiving therapy from burnt my leg with a 3rd degree burn I was also fired from my job can I collect unemployment

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      L&I attorney

      Please work with your attorney on this. You should ask him/her this question.

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        OK so I got injured at work in November and I ended up having to take days off because there’s a back injury and I could not work they ended up letting me go because of me taking time off And now I’ve had a surgery that they paid for and they tried to say that I chose to leave the job so I won a case for unemployment But now they’re saying that they don’t owe me lost time from when they let me go because I was getting unemployment but I should’ve been getting Workmen’s Comp. as soon as they let me go Workmen’s Comp. is way more than unemployment Plus I even had a full week that they told me not to go to the doctor and kept me working at full capacity after the injury I finally went to the hospital when I couldn’t even get up to go to work

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    Khaleem Washington

    i got hurt at work. Got denied workers comp. Been out 3 weeks with no pay and gad to use leave in order to get money. Can i file for unemployment

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      L&I attorney

      If you got hurt in Washington, you shouldn’t be denied a workers comp claim. Call our office if you want to set up a free consultation to see if we can help. I recommend to start with your workers comp claim and then consider unemployment.

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    I am receiving partial comp.My Dr says I can go back to work with restrictions but my company cannot accommodate them or light duty.Am I able to collect partial unemployment?

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    I sustained a knee injury (the injury didn’t really present it self until a week later) I informed my supervisor and I had also already put in my 2 weeks. is there any chance my.medical bills will be paid and will I receive income loss benefits? if I don’t receive income benefits can I file for unemployment fpr that? I was supposed to start a new job next week but might be out because of knee surgery

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    James beelby

    can I collect unemployment if I was injured and returned to work but then was suspended a week later over the comp drug test? you can smoke weed and be high to get a job at my place cus they aren’t denying people who use THC but if u get hurt and have it in your system it’s a different story I got suspended and can’t get into the treatment classes for over 2 months which defaults my 401k loan on my house through them too

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    Cynthia Hilyer

    Can I draw unemployment once off Workmen’s comp but I no longer can perform the duties of my job bc of my injury is permanent.

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    I was receiving Worker’s Compensation but no longer qualify and still cannot return to work under full duty and light duty wasn’t offered for me and they said I cannot return until able to meet the physical requirements. Can I apply for unemployment benefits?

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    Darleen A

    I was injured on the job. I was told to return to work under light duty. They reduced my salary by half and won’t compensate me the difference. Am I eligible for unemployment to make up the difference? I am suffering financially now. please advise

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      L&I attorney

      You should not collect unemployment but are likely entitled to a different benefit called Loss of Earning Power (LEP) payments. You can speak with your claim manger about this benefit or contact our office for a free consultation and we can assist you.

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    Concerned injured worker

    Im a delivery truck driver, I was injured at work during a delivery (rotator cuff and elbow tendon tears). I was put on light duty and physical therapy for 3 months. Once I returned to full duty I was re-injured 2 weeks later. Once the doctor informed my employer that I needed surgery, I was put back on light duty then terminated the day after (8/23). Since I was waiting for surgery I did qualify for unemployment and claimed until my day of surgery. After surgery I began to receive workers comp. My question is am I eligible for unemployment again after being released from workers comp It is a new year now 4/24 I will be released from workers comp in July.

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      L&I attorney

      Yes. But you should remain entitled to time loss until you are released back to work.

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