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The unemployment system is so broken anyway, doesn't matter what the rates are if you can't get decent paying jobs. I've been on and off UI for months because everything available pays less than my weekly benefit amount. It's ridiculous.
The key factor is whether you're able and available for work. If your workers comp case involves total disability, you can't collect unemployment. But if you're cleared for modified or light duty work and your employer can't accommodate those restrictions, you might have options. You'll need medical documentation showing what work you can perform and proof that you're actively job searching within those limitations. The NYS Department of Labor will review your case individually.
This is exactly what happened to my brother. He was on workers comp but got cleared for light duty. His company couldn't accommodate him so he was able to file for unemployment while looking for jobs that matched his restrictions. Took forever to get through to someone at NYS Department of Labor though.
If you're having trouble reaching NYS Department of Labor by phone, you might want to check out claimyr.com - they help people get through to unemployment agents quickly. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had issues with my claim status and actually got through to someone the same day.
Wait this is confusing me too because I thought workers comp was supposed to replace your wages? Why would you need unemployment on top of that? Seems like double dipping to me.
Just go file already! You're overthinking this. If they employed you then they probably paid into unemployment. The system will figure it out.
Just remember you need to do job search activities every week and keep a log. NYS Department of Labor requires proof of at least 3 work search contacts per week. They can ask for your job search log at any time and if you don't have it, they can disqualify you and demand repayment of benefits.
Dmitry Sokolov
wait why does adjudication take so long anyway?? seems like they could just check if you got fired or quit and approve it
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Giovanni Colombo
Adjudication involves verifying employment history, reason for separation, wages earned, and sometimes conducting interviews with both you and your former employer. It's not just a simple approve/deny decision - they need to ensure all information is accurate before determining benefit eligibility and amount.
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