just wanted to say I hope your husband heals up quickly. construction injuries can be really serious and it sounds like you're dealing with a lot of stress right now.

I work in benefits administration and want to clarify a few things that might help. While it's generally true you can't collect both simultaneously, there are some nuances worth understanding. First, if your husband's workers comp case gets settled or closed, he could potentially become eligible for unemployment if he's then able and available for work. Second, some people don't realize that workers comp settlements can sometimes be structured to allow for a return to the workforce sooner. I'd strongly recommend contacting both his workers comp carrier and NYS Department of Labor directly to discuss his specific medical restrictions and work capacity. Document everything - dates, who you spoke with, what they said. This will be important if there are any disputes later. Also consider reaching out to a workers comp attorney for a consultation, as many offer free initial consultations and can help navigate the system more effectively than trying to figure it out alone.

Different claims process at different speeds depending on your employment history and reason for separation. If you were laid off from a straightforward job, approval is usually quick. If you quit, were fired, or had multiple employers, it takes longer for them to verify everything. The important thing is to keep filing your weekly claims and respond promptly to any requests for additional information.

I went through this same situation a few months ago and the waiting is definitely nerve-wracking! One thing that helped me was setting up direct deposit if you haven't already - once you're approved, payments come faster that way than waiting for debit cards or checks. Also, make sure you're checking both your my.ny.gov messages AND your physical mail regularly. Sometimes the approval letter shows up in one place before the other. In my case, I saw the approval in my online account a day before the letter arrived. Hang in there - 10 days is still within the normal timeframe, especially if you were laid off for straightforward reasons.

Make sure you have your bank account info ready for direct deposit setup too. Also if you were in a union or had any pension contributions, that might affect your claim so have those details available.

One thing to add - if you were laid off, try to get a separation letter from your employer stating the reason (layoff, lack of work, etc.). While not absolutely required, it can really speed up the process since NYS Department of Labor won't have to contact your employer to verify the reason for separation. This is especially helpful if your former company is slow to respond to unemployment inquiries.

The whole NYS Department of Labor system is so confusing with their deadlines and hours. They should make this information clearer on their website instead of having people guess when things are due.

I totally agree with everyone about the phone system being frustrating! One tip that's helped me - try calling right at 8:00 AM when they open, or during lunch hours around 12-1 PM when call volume sometimes drops. Also, make sure you're using the correct phone number for your specific issue (they have different lines for different problems). For weekly claims, I always submit mine on Sunday evenings just to be safe since the deadline is Sunday at midnight. The my.ny.gov portal is usually pretty reliable for online filing if you can avoid the phone calls altogether.

Wait I'm confused about something - if you appeal and lose, can you appeal again? Or is that it? Also do you have to keep filing weekly claims while the appeal is processing?

I went through this same situation with NYS Department of Labor about 8 months ago. Definitely appeal - you have nothing to lose and everything to gain. The 30-day deadline is firm, so don't wait. I filed my appeal online through my.ny.gov which was pretty straightforward. The hearing was conducted over the phone and lasted about 20 minutes. The hearing officer asked me to walk through exactly what happened when I was laid off, and I had my layoff notice and final paycheck stub ready to reference specific dates. My former employer didn't even participate in the hearing, which apparently happens a lot. I won my appeal and got about 6 weeks of back payments. The whole process took about 2 months from filing the appeal to getting my first check. Don't let them intimidate you - if you were truly laid off due to business reasons, you deserve those benefits.