The whole system is ridiculous!! I've been trying to figure this out for months and every person gives me different answers. Some say you can't get unemployment at all while on workers comp, others say you can if you're cleared for light duty. NYS Department of Labor needs to make this clearer on their website instead of making people guess!

I went through something similar last year with a knee injury from a warehouse job. The key thing to understand is that NY generally doesn't allow you to collect both simultaneously because workers comp assumes you're unable to work, while unemployment requires you to be able and available for work. However, there's a narrow exception if you're medically cleared for light duty work but your employer can't or won't provide it. In that case, you might be eligible for partial unemployment benefits. You'd need documentation from your doctor showing you can do some type of work, and proof that your employer has no suitable positions available. I'd strongly recommend getting this in writing from your employer before applying, as it protects both your workers comp case and any potential unemployment claim.

just keep filing every week and eventually it will go through, took mine like a month to get approved but I got all the back pay

@Paolo Conti - I went through the exact same thing last year! The key points everyone mentioned are spot on: 1) Keep filing your weekly claims even while pending - this is crucial! 2) NY has no waiting period, so you're eligible from week 1 if approved 3) The pending status is normal while they verify everything. One thing that helped me was checking my online account regularly for any requests for additional documents - sometimes they ask for pay stubs or separation paperwork and if you miss those requests it delays everything even more. Also make sure you're documenting your job search activities because they can ask for that info during the review process. Hang in there, it's stressful but once it gets approved you should get all the back pay for the weeks you've been filing!

I went through this exact same nightmare last year - stuck in "pending" hell for almost 2 months after getting laid off from my retail job. What finally worked for me was a combination approach: I used the early morning calling strategy (7:58am sharp on Tuesdays/Wednesdays) AND contacted my assemblyperson's office as backup. The assemblyperson route took about a week but their unemployment liaison actually called me directly and got everything sorted. Also want to echo what others said about being super polite to the agents - they really do try to help when you're not screaming at them. Hang in there, I know it feels hopeless but you WILL get through this!

I'm so sorry you're going through this - the NY unemployment system is absolutely brutal. I've been in a similar situation and know how desperate it gets when you're down to your last few dollars. From reading through all these responses, it sounds like you have some solid options to try: the 7:58am Tuesday calling strategy seems to work for multiple people, and the assemblyperson route appears to be a reliable backup plan. The Claimyr service gets mentioned a lot too - while it costs money, it might be worth it if you can swing it since getting your benefits unlocked would more than pay for itself. Whatever you decide to try, document everything and don't give up. The system is designed to be frustrating but people DO get through eventually. Rooting for you!

wait so if my claim expired do I lose all my remaining weeks?? I thought I had like 10 weeks left when it ended in November

Just went through this process myself a few months ago. One tip that really helped - before you file the new claim, gather all your W-2s and 1099s from the past 18 months, not just since your last claim ended. NYS Department of Labor looks at your entire recent work history to determine your new benefit amount. Also, if you worked in multiple states during that time, you might need to file in the state where you earned the most wages. The online system will walk you through it, but having all your documents ready makes it much smoother.

I'm currently on unemployment and was actually wondering about this exact same thing! I have some unexpected medical bills coming up and was considering a 401k withdrawal but was really nervous about how it might affect my benefits. Reading through everyone's experiences here has been incredibly reassuring - it's amazing how consistent all the responses are. The way people have explained that NYS Department of Labor focuses specifically on wages from employment (not retirement distributions) really makes sense when you think about unemployment as wage replacement rather than comprehensive financial monitoring. I'm feeling much more confident now about moving forward with my withdrawal if needed. Thank you Miguel for asking this important question and thanks to everyone who shared their real-world experiences - this kind of community knowledge is so much more valuable than trying to navigate the official documentation alone!

I'm currently on unemployment and was also worried about this exact situation! I needed to withdraw from my 401k about 2 months ago for emergency home repairs after a storm damaged my roof. I was really anxious it would affect my NYS unemployment benefits, but it didn't impact them at all. The weekly certification questions are very specific about wages and work performed - they don't ask about retirement account distributions. NYS Department of Labor treats these as completely separate from employment income, which makes sense since unemployment is designed to replace lost wages, not monitor every financial transaction. I withdrew $4,500 and my benefits continued normally throughout. Just keep up with your job searches and weekly certifications as usual. The only thing to remember is the tax implications - I set aside about 30% for taxes and penalties. Hope you get your car situation sorted out quickly so you can keep job hunting!