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Really appreciate everyone's advice here! I had no idea about the documentation part - wish I had thought to take photos at the scene but I was pretty shaken up. I did get the names of a couple guys who saw it happen though. Going to call the workers comp office first thing Monday morning. It's a relief to know that even as a contractor I should still be covered. And good to know about the unemployment option down the road if I can't get back with my current crew. Thanks for taking the time to help out - this community is awesome when you're dealing with stuff like this for the first time.
Glad to see you're getting the support you need! Just wanted to add one more thing - when you call the workers comp office, ask them about temporary disability benefits while you're recovering. In NY, workers comp usually covers a percentage of your lost wages (typically around 2/3 of your average weekly wage) while you're unable to work due to the injury. This can help bridge the gap financially until you're able to return to work. Also, don't hesitate to reach out here if you run into any roadblocks with the process - lots of folks in this community have been through similar situations and are always willing to help!
Hey Malik, really sorry about your accident - that sounds incredibly stressful on top of dealing with the injury itself. Just wanted to chime in with some additional info that might help. While you're focusing on workers comp (which is definitely the right first step), you should also know that once you're medically cleared to return to work, you can potentially file for unemployment even if there's a gap between when you're cleared and when you actually find work. The NYS Department of Labor will want documentation from your doctor showing you're able to work again. Also, if your injury results in any permanent limitations that prevent you from doing your previous type of construction work, there might be vocational rehabilitation benefits available through workers comp to help retrain you for different work. Best of luck with everything - construction injuries can be complicated but there are definitely resources out there to help you through this!
This is really comprehensive advice, Isabella! I hadn't thought about the vocational rehab aspect - that could be huge if Malik ends up with any lasting limitations from the leg injury. Construction work is so physically demanding, and even after healing, sometimes you can't go back to exactly the same type of work you were doing before. @Malik Jenkins, definitely something to keep in mind as you go through the workers comp process. They should evaluate not just your immediate medical needs but also your long-term ability to return to your previous job duties. The fact that you mentioned your supervisor said they can't hold your position suggests you might need to look at other options anyway, so vocational rehab benefits could really help with retraining or transitioning to a different type of work within construction that's less physically demanding.
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I work in HR at a mid-size company and can confirm that many large employers do contest unemployment claims as a standard practice to protect their unemployment insurance rates. However, if you were terminated for reporting safety violations, that could actually strengthen your case since retaliation for safety complaints is prohibited under OSHA. Document everything - the safety issues you reported, when you reported them, who you reported to, and the timeline of your termination. NYS DOL adjudicators do consider whether the termination was retaliatory. Two weeks isn't unusually long for adjudication when there's a contest, but stay on top of submitting any requested documentation promptly.
This is really helpful insight from the HR perspective! I did report the safety issues about 3 weeks before my termination - there were broken pallets stacked unsafely in the stockroom that I flagged to my supervisor via email. The timing does seem suspicious now that you mention retaliation. Should I specifically mention the OSHA angle when I submit my documentation to NYS DOL, or will they recognize that connection themselves during the adjudication review?
Definitely mention the OSHA retaliation angle explicitly in your documentation! While adjudicators are trained to spot these patterns, you shouldn't assume they'll connect the dots on their own. Include a clear timeline showing: (1) when you reported the safety hazard, (2) any follow-up or lack of action from management, and (3) the proximity of your termination to the safety complaint. The closer these events are in time, the stronger your retaliation argument becomes. Also keep copies of everything you submit - if Walmart escalates this to an appeal hearing, having organized documentation will be crucial.
From my experience working with unemployment cases, Walmart and other large retailers do systematically contest claims to keep their unemployment insurance rates low. However, your situation with the safety complaint timing could actually work in your favor. The fact that you were terminated just weeks after reporting unsafe conditions creates a pattern that NYS DOL adjudicators are trained to recognize as potential retaliation. Make sure to submit those photos and emails you mentioned - they're crucial evidence. Also, don't let the 2-week adjudication period worry you too much. When employers contest with documentation, it typically takes 3-6 weeks for a decision. Keep filing your weekly certifications during this time and stay organized with your evidence in case it goes to an appeal hearing.
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make sure you understand the difference between unemployment insurance and workers comp too - totally separate systems. UI goes to NYS Department of Labor, workers comp is different. I mixed them up my first year and got behind on payments.
Good point! I was wondering about that. So unemployment tax is just for when people get laid off or fired, not injured on the job?
exactly. unemployment is for job loss, workers comp is for injuries. completely different agencies and payment systems.
As someone who just went through setting up unemployment insurance for my small consulting firm, I can add a few practical tips. The NYS Department of Labor online portal is actually pretty helpful once you get registered - you can see your quarterly statements, payment history, and current rate there. One thing that caught me off guard was that you need to report new hires within a certain timeframe, and if you miss deadlines on payments there are penalties. Also, if you're seasonal or have irregular staffing, consider how that might affect your experience rating down the line. The initial paperwork is a bit overwhelming but it gets more routine once you're in the system.
Thanks for sharing your experience @Natasha Ivanova! The new hire reporting requirement is something I hadn't thought about. How quickly do you need to report new hires to NYS Department of Labor? And are there specific forms or is it all done through the online portal? I want to make sure I don't mess up the compliance side when I start hiring employees.
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I went through this exact same situation about 6 months ago! I was a 1099 graphic designer and got my contract terminated suddenly. At first I thought I was out of luck, but I decided to file anyway after reading about misclassification. Turns out my client had been treating me like an employee - they required me to work specific hours, use their software licenses, attend team meetings, and I couldn't take on other clients during busy periods. NYS DOL investigated and ruled that I was misclassified as a contractor when I should have been a W-2 employee. I ended up getting approved for benefits retroactively! The process took about 8 weeks total but it was worth fighting for. Don't give up before you even try - the worst they can say is no, but you might be surprised like I was.
@Payton Black This is so encouraging to hear! I m'actually in a very similar boat - been doing 1099 web development but my client "requires" me to work their business hours, use their Slack for all communication, and I haven t'been allowed to take on any other projects for the past year. Your success story gives me hope that maybe I ve'been misclassified too. When you filed your initial claim, did you mention right away that you thought you were misclassified, or did you wait for them to investigate after filing as a regular contractor? I m'nervous about how to approach it but your experience makes it seem like it s'definitely worth trying!
@Payton Black Thank you for sharing your experience! This is exactly what I needed to hear. I ve'been hesitant to file because I assumed 1099 meant automatic disqualification, but your situation sounds very similar to mine - controlled schedule, required meetings, exclusive work periods. It s'encouraging to know that NYS DOL actually investigates these cases properly. The 8-week timeline is also helpful to know upfront. I m'definitely going to gather all my documentation and file a claim. Did you work with a lawyer or handle the whole process yourself?
I was in a very similar situation about a year ago - worked as a 1099 content writer but my "client" basically treated me like a regular employee. They set my daily schedule, required me to use their content management system and style guides, and I had to get approval for any time off. When my contract ended, I almost didn't file because I assumed 1099 meant no benefits. But after reading about worker misclassification, I decided to apply anyway. NYS DOL reviewed my case and determined I had been misclassified - they looked at factors like behavioral control, financial control, and the relationship type. I ended up getting approved for unemployment benefits! My advice: gather all your emails, contracts, and any evidence showing they controlled how you did your work, then file the claim. The application process asks detailed questions about your work arrangement, so just be honest about everything. Even if you get initially denied, you can always appeal with more documentation. Don't assume you're not eligible - let NYS DOL make that determination based on the actual facts of your working relationship.
@Sofia Gutierrez This is incredibly helpful! I m'dealing with almost the exact same situation - I ve'been doing 1099 social media management but they control everything from my posting schedule to requiring me to use their branded templates and approval workflows. I was so discouraged thinking I had no options, but hearing these success stories is really motivating me to file. When you mentioned gathering emails and contracts as evidence, did you also include things like screenshots of their scheduling requirements or records of them rejecting your requests for flexible hours? I want to make sure I m'documenting the right kind of control evidence before I submit my application.
@Sofia Gutierrez Your story is so reassuring! I m'a 1099 freelance photographer but my main client "requires" me to be available during their business hours, use their equipment for certain shoots, and follow their specific editing guidelines and brand standards. They even gave me a company email address and include me in staff meetings. I was completely discouraged when my contract got terminated last month because I thought being 1099 automatically disqualified me. But reading about your successful misclassification case gives me hope! I m'definitely going to start gathering evidence - I have tons of emails where they micromanaged my shooting schedules and editing processes. Quick question: when you filed your initial claim, how long did it take before NYS DOL contacted you about starting the misclassification investigation? I want to set realistic expectations for the timeline.
Yara Khoury
I'm dealing with the same issue right now! I've been certified for 4 weeks but noticed my first week never got paid. From what I've researched, you should look in your online account under "Payment History" to see if that first week shows as "pending" or just missing entirely. If it's showing as pending, it might resolve automatically, but if it's not there at all, you'll definitely need to call. I've heard calling right when they open at 8am gives you the best chance of getting through. Also try calling on Tuesday or Wednesday - Mondays are apparently the worst day to try.
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Henrietta Beasley
•@Yara Khoury I m'in the exact same boat - my first week is completely missing from Payment History too. I ve'been putting off calling because I dreaded waiting on hold for hours, but your timing advice gives me hope. Going to set my alarm for 7:45am Tuesday and start dialing right at 8. Fingers crossed we can all get our missing weeks sorted out!
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Aidan Hudson
•@Yara Khoury Just wanted to follow up - I tried your advice about calling at 8am on Tuesday and it worked! Got through after only about 20 minutes on hold. The rep was able to see that my first week was stuck in their system and manually processed it. Should see the payment in 2-3 business days. Thanks so much for the specific timing tip - saved me hours of frustration!
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Amina Diallo
I had this exact same issue a few months ago! What worked for me was calling the NYS Department of Labor claims line at (888) 209-8124 first thing in the morning - I'd recommend calling right at 8:00 AM sharp on a Tuesday or Wednesday like others mentioned. When you get through, explain that you're missing payment for your first week and ask them to review your claim history. The rep was able to see that my first week got stuck in processing and manually pushed it through. Also, make sure to have your confirmation number from when you first filed ready - they'll likely ask for it. It took about 2 weeks after the call for the payment to hit my account, but I did get the full amount including the $300 federal supplement that was active at the time. Don't give up - that money is rightfully yours!
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Miguel Silva
•@Amina Diallo This is incredibly helpful, thank you! I ve'been stuck on this same issue for over a month now. Just to clarify - when you called 888 (209-8124,) did you have to navigate through any phone menu options or does it connect you directly to a claims representative? Also, did they put the payment through immediately during the call, or did they have to escalate it to another department? I m'planning to call at 8am sharp tomorrow and want to be prepared for whatever process they might put me through. Really appreciate you sharing the successful outcome - it gives me hope that this nightmare will finally be resolved!
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Honorah King
•@Amina Diallo Thank you for this detailed breakdown! I m'in the same situation as everyone else here - missing my first week payment. I m'going to try calling 888 (209-8124) at 8am tomorrow following your advice. One quick question - did you have to provide any specific reason for why the first week wasn t'paid, or did the rep figure that out on their own when they looked at your account? I m'worried they might ask me technical questions I can t'answer. Also, were there any other documents besides the confirmation number that you d'recommend having ready just in case? Really hoping this works - that missing $435 would make a huge difference right now!
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