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The key factor is whether you're able and available for work. If your workers comp case involves total disability, you can't collect unemployment. But if you're cleared for modified or light duty work and your employer can't accommodate those restrictions, you might have options. You'll need medical documentation showing what work you can perform and proof that you're actively job searching within those limitations. The NYS Department of Labor will review your case individually.
This is exactly what happened to my brother. He was on workers comp but got cleared for light duty. His company couldn't accommodate him so he was able to file for unemployment while looking for jobs that matched his restrictions. Took forever to get through to someone at NYS Department of Labor though.
If you're having trouble reaching NYS Department of Labor by phone, you might want to check out claimyr.com - they help people get through to unemployment agents quickly. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had issues with my claim status and actually got through to someone the same day.
Wait this is confusing me too because I thought workers comp was supposed to replace your wages? Why would you need unemployment on top of that? Seems like double dipping to me.
Just remember whatever rate they give you, you still have to do the weekly claims and job search requirements. The money isn't automatic even after your claim is approved. I learned that the hard way when I missed filing one week and lost that payment completely.
If you're having trouble getting through to NYS Department of Labor to check on your claim status or ask questions about your benefit rate, I used a service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting busy signals.
the unemployment rate is calculated by dividing unemployed people by the total labor force but like others said it doesnt count discouraged workers or people who gave up looking temporarily so its not the whole picture
ugh the my.ny.gov website is so confusing though. took me forever to find the actual unemployment section and then i kept getting error messages when trying to submit
I had the same problem! The site crashed on me twice during my application. I had to call NYS Department of Labor to finish it over the phone but good luck getting through - the wait times are insane.
Actually, if you're having trouble reaching NYS Department of Labor by phone, I used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really saved me hours of being on hold when I needed to check my claim status.
Make sure you have a good reason for leaving your job too. If you quit without good cause or got fired for misconduct, you probably won't qualify. The application will ask about your separation reason and NYS Department of Labor will verify with your employer.
Abby Marshall
Make sure he's documenting his job search activities properly in case they ask for that later. NYS Department of Labor requires 3 work search contacts per week and they need to be logged in the system. Also, if his employer contests the claim or doesn't respond quickly, that can definitely cause these long delays. The adjudication process is supposed to investigate all aspects of the separation to make sure he's eligible for benefits.
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Christian Burns
•He's been keeping track of his job applications but didn't know about logging them in the system. Where does he do that exactly?
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Abby Marshall
•When he does his weekly claim certification, there should be a section asking about work search activities. He needs to enter the employer names, contact info, and dates for each application or contact he made that week.
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Sadie Benitez
hang in there, same thing happened to my sister last year and it eventually got sorted out. just keep filing those weekly claims even if nothing's happening yet.
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