
New York Unemployment
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I was riding my motorcycle yesterday and hit a massive pothole that shouldn't have been there. Ended up with a pretty bad leg injury (torn ligaments and possible fracture waiting on full diagnosis). Doctor says I won't be able to work for at least 6-8 weeks while I recover. I've never been in this situation before - can I file for unemployment benefits since I'm temporarily unable to work? Or is there some other type of benefit I should be applying for in New York? My job doesn't offer any paid medical leave and I'm really worried about paying bills during recovery.
I've been out of work for 6 weeks now due to a back injury from my warehouse job. My doctor says I can do light desk work but not the heavy lifting my old job required. I'm getting short term disability payments from my employer's insurance but they're only covering about 60% of my salary. Since I can work in a different capacity, would I be able to file for unemployment benefits through NYS Department of Labor to make up some of the difference? Or do you have to choose one or the other? Really struggling to pay my bills right now.
honestly the whole system is so frustrating... i had to deal with this same thing and nobody could give me a straight answer. ended up just picking one program because i was scared of getting in trouble
I work for a disability advocacy organization and see this question come up frequently. The key distinction is between "total disability" and "partial disability." If you're receiving short-term disability for a specific injury but your doctor has cleared you for modified work duties, you may qualify for both programs simultaneously. However, you must be completely transparent with both agencies. When filing for unemployment, you'll need to indicate your work restrictions and show you're actively seeking jobs within those limitations. The disability payments will likely reduce your UI benefit amount dollar-for-dollar, but you could still come out ahead financially. Document everything - your doctor's work capacity evaluation, job applications for suitable positions, and all communications with both agencies. Consider consulting with a benefits attorney if you're unsure, as incorrect reporting could result in overpayment demands later.
I keep hearing people talk about unemployment but I'm honestly not sure what it actually is or how it works. My friend said I might qualify but I don't really understand the process. Can someone explain what unemployment benefits are through NYS Department of Labor and who can get them? I've never filed for anything like this before and the website is really confusing. Do you have to be completely out of work or can you work part time? How much money do they give you? Sorry if these are dumb questions but I really don't know where to start.
Just remember you have to keep detailed records of your job search activities because NYS Department of Labor can audit you at any time. I learned this the hard way when they asked me to provide documentation and I hadn't been keeping track properly.
Don't feel bad about asking these questions - the unemployment system can be really overwhelming at first! One thing that helped me when I was starting out was to gather all your employment documents before you even begin the application. Make sure you have your W-2s, pay stubs, and exact dates of employment ready. Also, when you do your weekly certifications, be honest about any work you do (even small gigs) because they will find out eventually and it's better to report it upfront than deal with an overpayment later. The NYS Department of Labor is pretty strict about accuracy but they're also there to help people who genuinely need it.
I'm worried about my unemployment claim and need to understand what can disqualify you from getting benefits through NYS Department of Labor. My previous job ended under circumstances that might be questionable and I want to make sure I don't mess anything up when I file my weekly claims. Are there specific things that automatically disqualify you? I've heard conflicting information about what counts as misconduct vs just being let go. Also wondering about the job search requirements - if you don't do enough searching can that disqualify you too?
The unemployment system is designed to deny as many people as possible, that's just how it works. They'll find any excuse to disqualify you even if you followed all the rules perfectly. I've seen people get denied for the most ridiculous reasons.
One thing that hasn't been mentioned yet is that earning too much money while collecting benefits can also disqualify you. In New York, if you work part-time while on unemployment, you need to report all earnings. If you earn more than your weekly benefit amount, you won't get any unemployment payment that week. And if you don't report earnings at all, that's considered fraud which can disqualify you permanently. Also, if you move out of state without notifying NYS Department of Labor, that can cause issues with your claim since you need to be available for work in New York.
Just got laid off from my restaurant job last week and finally got around to filing for unemployment. I'm trying to figure out how much I'll actually get each week from NYS Department of Labor. My gross pay was around $650/week but it varied depending on hours and tips. Does anyone know how they calculate the weekly benefit amount? I heard it's based on your highest quarter but I'm not sure what that means exactly. Really need to know so I can budget for rent and everything.
Don't forget you also have to do the job search requirements to keep getting benefits! NYS Department of Labor requires 3 job contacts per week and you have to log them in the system. I almost got my benefits suspended because I forgot to update my job search log for a few weeks.
Wait, I have to start looking for work immediately? I thought there was like a waiting period or something.
Restaurant work is tough for unemployment calculations because of tips... I had the same issue when my place closed down during the pandemic. Make sure all your tip income was properly reported on your W-2s or it won't count toward your benefit calculation. NYS Department of Labor can only use what was officially reported to them.
This is such a good point about tip reporting! I'm honestly not sure if all my tips were properly reported - some nights we did cash tips that might not have been fully documented. Should I be worried that my benefit amount will be lower than expected? Is there any way to appeal or provide additional documentation if the calculation seems off?
Mason Stone
Update us on how it goes!! The disability system is SO broken in NY, I swear!!! Maybe your experience will be better than mine was. ๐ค
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Kiara Fisherman
AuthorWill do. Going to get all the paperwork started tomorrow and see what happens. Not feeling super optimistic based on what everyone's saying, but gotta try something.
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Freya Larsen
Just went through something similar after a work injury last year. Few quick tips that might help: 1) When you call HR about the DB-450 form, also ask if your company has any short-term disability insurance beyond the state minimum - some employers have better coverage. 2) For the pothole claim, take more photos if you can (showing the size/depth) and maybe measure it if possible. 3) Keep ALL your medical records and receipts - you'll need them for both the disability claim AND any potential lawsuit. The whole process is frustrating but definitely pursue both the state benefits and the municipal claim. Good luck with recovery!
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