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This whole system is broken. Three weeks is nothing - I know people who waited 3+ months last year. NYS Department of Labor is understaffed and overloaded and they don't care about us regular people trying to survive.
One thing that might help - make sure you're checking for any correspondence in your online account daily. Sometimes they request additional documents and if you miss the deadline, it can add weeks to your processing time. Also verify that your direct deposit information is correct so there are no delays when your benefits are approved.
just be prepared for the system to be a nightmare. took me 6 weeks to get my first payment even though everything was supposedly fine with my claim. the my.ny.gov website crashes constantly and good luck ever talking to a human being
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.
Workers comp typically only pays about 2/3 of your average weekly wage, so it's often much less than what you were earning. It's not double dipping if you're genuinely available for work within your medical restrictions and your employer can't accommodate you.
To answer your question about job search audits - yes they absolutely can and do ask for documentation. You need to keep records of where you applied, when you applied, what type of position it was, and contact information. I recommend keeping a spreadsheet or using their online job search log if they have one. The 3 job contacts per week requirement is current as of 2025 and includes things like submitting applications, attending job fairs, networking events, or even informational interviews.
Good to know about keeping records. This all sounds more complicated than I expected but at least I understand the basics now.
One more thing - if you have trouble getting through to NYS Department of Labor by phone for questions about your claim, I recently discovered a service called Claimyr (claimyr.com) that helps you actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when my claim got stuck in adjudication and couldn't get through the regular phone lines. Pretty straightforward and actually got me connected to an agent who could help resolve my issue.
Skylar Neal
same boat here, trying to figure out all the rules. is there a difference between being laid off vs fired for attendance issues? asking for a friend... 😬
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Leo McDonald
Been through this twice unfortunately. Key things: always file on your assigned day of the week, never lie about anything even small stuff, keep copies of EVERYTHING, and if you work part-time while claiming report every penny. The NYS Department of Labor will eventually find out about unreported income and hit you with an overpayment that's way worse than just being honest upfront.
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