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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 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
Ugh the whole system is broken. I've been unemployed for 6 months and the NYS Department of Labor job search requirements feel like busy work. Most of the jobs I apply to don't even respond. It's all about who you know, not what qualifications you have.
This whole minimum wage thing is such a disaster. Businesses can't afford to keep people and then we all end up on unemployment. The system is broken!
Oliver Fischer
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.
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Amina Sy
•Good to know about keeping records. This all sounds more complicated than I expected but at least I understand the basics now.
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Natasha Ivanova
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.
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Malik Robinson
•interesting, never heard of that but might be useful if i run into problems
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