


Ask the community...
I went through something similar after a back injury two years ago. One thing to keep in mind is that workers comp benefits aren't taxable, while unemployment benefits are. So even though your workers comp might be around $670/week (2/3 of your wages), you keep all of it. If you were getting unemployment at $500/week, you'd owe taxes on that. Also, workers comp will continue as long as you're unable to work, while unemployment has time limits. Definitely stick with workers comp for now, and once your doctor clears you for light duty, then you can explore other options if your employer can't accommodate you.
That's a really good point about the tax difference! I hadn't thought about that at all. So workers comp being tax-free makes it even better than I calculated. Plus the medical coverage is huge - I've already had like 3 doctor visits and an MRI that would have cost me thousands out of pocket. Thanks for breaking that down, it makes me feel better about my situation.
I work in workers comp administration and wanted to add a few more details that might help. In NY, workers comp pays 2/3 of your average weekly wage with no cap (unlike disability benefits), and as others mentioned, it's tax-free. The weekly amount is calculated based on your wages from the year before your injury. Since you're making $52k, that should work out to around $667 per week tax-free, which is significantly better than the $170 max from state disability. Also, workers comp will pay for all your medical treatment related to the injury, including physical therapy when you're ready. Once your doctor releases you to light duty, your employer is required to offer you suitable work if available, or your benefits continue. Don't switch to anything else right now - you're actually in the best financial position possible given your situation.
I'm really sorry to hear about your situation, Grace. The restaurant industry has been so unpredictable, and it sounds like you're dealing with exactly what the partial unemployment system was designed to help with. A few additional tips that might help: - When you apply online, make sure you have your employer's federal tax ID number (EIN) ready - sometimes the system can't find your employer without it - If you're getting direct deposit, it usually takes about 2-3 business days after certification for the payment to hit your account - Keep screenshots of your weekly certifications in case there are any issues later Also, don't stress too much about your employer being notified. In my experience, most restaurant managers understand that partial unemployment is just part of the business when hours fluctuate. It's actually better for them too since they can keep trained staff on reduced hours instead of having to completely lay people off and then rehire and retrain later. You're taking the right steps by applying now. Even if your hours pick up again, having that safety net in place is so important in this industry. Good luck with your application!
I went through this exact same situation last year when my hours at a diner got cut from full-time to just weekend shifts. Here's what I learned that might help: The NY unemployment system actually works pretty well for restaurant workers once you understand it. You can definitely get partial benefits with reduced hours - I was getting around $200-250 per week when I was only working 12-15 hours. One thing that really helped me was keeping a simple log of my actual hours worked and tips earned each day. I used the notes app on my phone to track everything because the weekly certification asks for specific numbers. Also, make sure you report your tips honestly - they cross-reference with what your employer reports, and any discrepancies can delay your payments. The employer notification thing stressed me out too, but my manager was actually understanding about it. Most restaurant owners know this is just part of the business cycle. Apply ASAP because there's usually a waiting period before your first payment. The sooner you get in the system, the sooner you'll start getting help with those bills. You've got this!
This is such great practical advice! The tip about keeping a daily log is brilliant - I wish I had thought of that when I was scrambling to remember my exact hours and tips from weeks ago during the application process. I'm curious - when you were tracking tips in your phone, did you include cash tips that weren't reported to your employer? I'm still figuring out the best way to handle that since some of my cash tips from busy nights never made it onto my official pay stubs. Also, it's really reassuring to hear that your manager was understanding. I've been so worried about seeming like I'm not committed to the job, but you're right that this is just how the restaurant industry works sometimes. Thanks for sharing your experience!
I'm in a similar situation with only a few weeks left. Does anyone know if the part-time work I did during unemployment affects my wage base for a new claim? I reported everything correctly but I'm worried it might not be enough to qualify for a new benefit year.
@Liam Fitzgerald Part-time work during unemployment can actually help you qualify for a new claim! The wages you earned from that part-time work get added to your base period for the new claim calculation. As long as you reported it properly which (it sounds like you did ,)those earnings should count toward meeting the minimum wage requirements for a new benefit year. You ll'need to have earned at least $2,600 in your base period to qualify for a new claim in NY.
@Carmen Lopez I was in almost the exact same situation a few months ago - had about 24 weeks used up and was panicking about what came next. Andre is right that it's 26 weeks max for regular benefits. The key thing is whether you'll qualify for a new claim when your benefit year ends. You need to have earned enough wages in your new base period (which includes any part-time work you did while on unemployment). I'd strongly recommend trying to get through to NYS DOL to check your wage history and see if you'll qualify for a new claim. Also keep detailed records of all your job search activities - they may ask for proof when you file the new claim.
THE WHOLE SYSTEM IS SET UP TO PROTECT WORKERS from employers who try to dodge their responsibilities. If companies could just opt out of paying unemployment insurance, nobody would ever qualify for benefits! NYS Department of Labor takes this stuff seriously and audits employers regularly. Don't let any employer tell you they 'don't participate' in unemployment - that's not how it works.
Good to know! I was worried my employer might try to get out of it somehow.
One thing to keep in mind is that even part-time and temporary workers are usually covered under New York's unemployment insurance system, as long as they meet the minimum earnings requirements. So if you're working multiple jobs or just started somewhere new, you're likely building up eligibility. The system tracks your earnings from all covered employers over the past 18 months when you file a claim. It's actually pretty comprehensive coverage compared to some other states.
Natasha Ivanova
Quick tip: check your message inbox on the portal everyday. sometimes they need additional docs but dont email you about it smh
0 coins
Ava Johnson
•good looking out, just checked and found a message from last week 😩
0 coins
Nia Jackson
Been through this nightmare myself - took 3 weeks exactly after ID.me verification. The key thing is making sure your paystubs match EXACTLY what you put on your initial claim (dates, employer name, everything). One tiny discrepancy and they'll hold it up for weeks without telling you. Also double check that your ID.me name matches your unemployment account name perfectly. If there's even a middle initial difference, it can cause delays. Keep certifying weekly no matter what - don't let that lapse or you'll have to start over!
0 coins
Ravi Kapoor
•This is super helpful! I think I might have a name mismatch issue - my ID.me has my full middle name but my unemployment account just has the initial. Should I try to fix that through ID.me or call unemployment directly? Don't want to mess anything up worse than it already is 😅
0 coins