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Ravi Sharma

NYS Department of Labor unemployment vs workers comp - what is the difference between workers compensation and unemployment?

I got hurt at my job last month and my supervisor told me to file for workers comp, but my coworker said I should apply for unemployment instead. I'm really confused about what is the difference between workers compensation and unemployment benefits through NYS Department of Labor. Can I get both? Which one should I apply for first? I've been out of work for 3 weeks now and bills are piling up. My injury happened when I was lifting boxes and hurt my back. The doctor says I can't do physical work for at least 6 more weeks. Really need to understand my options here.

just to clarify - you CANNOT collect both workers comp and unemployment at the same time. they're mutually exclusive. if you're on workers comp you're not available for work so you don't qualify for NYS Department of Labor benefits

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Thanks for clarifying! So workers comp is definitely what I need to focus on right now.

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One more thing - if your workers comp gets denied (which happens more than it should), THEN you might be able to apply for unemployment if you end up losing your job over the injury. But that's a worst case scenario. File the workers comp claim first and see what happens.

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Vincent Bimbach

NYS Department of Labor unemployment spell duration - how long does mine count as continuous?

I've been trying to figure out exactly what NYS Department of Labor considers my unemployment spell to be. I was laid off from my warehouse job in October 2024 and have been filing weekly claims since then. Had a temp position for 3 weeks in December that ended, then back to filing again. Does that break up my unemployment spell or is it still considered one continuous period? I'm worried this might affect my benefit duration or if I need to reapply completely. The my.ny.gov portal doesn't really explain how they calculate these periods and I can't get through on the phone.

Wait I'm confused about this too. I thought if you work any amount you have to start over completely? I've been avoiding taking any short term work because I was afraid of losing my benefits. How many weeks can you work before it resets everything?

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No, that's not correct. You report any work on your weekly claims and they adjust your benefits accordingly, but short-term work doesn't end your claim. You only need to reapply if your benefit year expires or you're off benefits for an extended period.

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The whole unemployment spell tracking is mostly for research purposes anyway. What matters for your benefits is your claim effective date and benefit year end date. As long as you're within your benefit year and have weeks remaining, temporary work won't disrupt your ongoing claim status.

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Andre Moreau

Can you get NYS Department of Labor unemployment if you are on disability benefits?

I've been receiving SSDI for the past two years but I've been doing some part-time work within the allowed limits. My employer just laid me off due to budget cuts and I'm wondering if I can file for unemployment benefits through NYS Department of Labor while still getting my disability payments? I know there are work requirements for UI but I'm not sure how that works when you're also on SSDI. Has anyone been in this situation before?

I had a nightmare trying to reach NYS Department of Labor when my claim got stuck in adjudication for this exact reason. Spent weeks calling and getting nowhere. Finally used a service called Claimyr (claimyr.com) that actually got me through to a real person who could explain what additional documentation they needed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to navigate the phone system myself.

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Never heard of that service but honestly anything is better than sitting on hold for hours just to get disconnected

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The whole system is so confusing!! Like how are you supposed to be available for work if you're disabled? Makes no sense to me. But I guess if you were working before then maybe it's different?

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It can be confusing, but the key distinction is between 'totally disabled' and 'disabled but able to work in some capacity.' SSDI allows for trial work periods and substantial gainful activity, which shows you can perform some work. That's what makes you potentially eligible for unemployment when that work ends.

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Ava Kim

Do you pay unemployment taxes the same way as regular income tax in NY?

I'm really confused about how unemployment taxes work. I've been getting UI benefits for about 2 months now and I opted to have taxes withheld, but I'm not sure if this is the same as regular income tax or if there's something different I need to do when filing. The NYS Department of Labor website isn't super clear about this. Do I treat my unemployment payments just like regular wages when I file my taxes? And is the withholding amount usually enough or do people end up owing more?

The withholding rate for unemployment is usually 10% federal and I think around 4% for NY state, but this might not be enough if you have other income or if you're in a higher tax bracket. You can also make quarterly estimated payments if you think you'll owe more. I had to contact NYS Department of Labor customer service last year because my withholding seemed off - couldn't get through on the phone for weeks until I used claimyr.com. They have this video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. Got through to an agent the same day and they helped me adjust my withholding rate.

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Wait, there's a service that helps you get through to NYS Department of Labor? I've been trying to call them for two weeks about my withholding settings and keep getting disconnected.

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Yeah exactly, that's why I tried it. You just put in your info and they call you back when they get an agent on the line. Way better than sitting on hold for hours.

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Just remember you can change your withholding election at any time through your my.ny.gov account if you need to adjust it based on your situation.

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Ethan Brown

How do you get your unemployment money from NYS Department of Labor after approval?

My claim just got approved after being in adjudication for 2 weeks and I'm confused about how I actually receive the money. Do they mail a check or is it direct deposit? I set up direct deposit when I first applied but I'm not sure if it went through correctly. Also when should I expect to see the payment? I certified for my first week yesterday.

The whole payment system is a mess honestly. I've been waiting 3 weeks for my back pay and every time I call they give me a different excuse. The left hand doesn't know what the right hand is doing at NYS Department of Labor.

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That's frustrating! Have you tried appealing if there's an issue with your claim? Sometimes payments get held up if there's an unresolved adjudication matter.

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same here waiting for money

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