Broke my leg can I get unemployment benefits from NYS Department of Labor?
So I work in construction and last week I fell off some scaffolding and broke my leg pretty bad. Doctor says I'm going to be out of work for at least 8-10 weeks maybe longer. My supervisor said they can't hold my position that long. Can I file for unemployment benefits through NYS Department of Labor while I'm recovering? I've never dealt with this before and don't know if being injured counts as being able to work. Really stressed about how I'm going to pay my bills.
10 comments
Join the conversation
Freya Andersen
Unfortunately, to qualify for regular unemployment insurance through NYS Department of Labor, you need to be able and available for work. If you're medically unable to work due to your injury, you typically wouldn't qualify for UI benefits. However, you should definitely look into workers' compensation since this was a work-related injury. That's designed specifically for situations like yours.
0 coins
Malik Jenkins
•Thanks for the info. I wasn't sure if workers comp would apply since I'm technically a contractor not an employee. Do you know if that makes a difference?
0 coins
Eduardo Silva
Workers comp should still cover you even as a contractor in most cases, especially in construction. But here's the thing - once you're cleared to return to work but can't find a job, THEN you could potentially file for unemployment. The key is you have to be physically able to work and actively searching for employment.
0 coins
Malik Jenkins
•That makes sense. So I should focus on workers comp first, then when I'm healed up I can look into unemployment if I can't get my old job back or find something new.
0 coins
Leila Haddad
been there man, broke my ankle on a job site 2 years ago. workers comp covered my medical and gave me partial pay while i was out. didnt even think about unemployment until i was ready to go back to work
0 coins
Emma Johnson
I had such a hard time getting through to anyone at NYS Department of Labor when I needed to check on my claim status after an injury. If you do end up needing to contact them later, I found this service called Claimyr that actually got me connected to a real agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals.
0 coins
Eduardo Silva
•That's actually pretty useful info. The NYS Department of Labor phone system can be a nightmare when you're trying to get answers about eligibility or claim issues.
0 coins
Ravi Patel
Wait I'm confused - can you get both workers comp AND unemployment at the same time? Or is it one or the other? I always thought if you got hurt at work you couldn't file for unemployment benefits.
0 coins
Freya Andersen
•Generally you can't receive both simultaneously. Workers comp is for when you're unable to work due to injury. Unemployment is for when you're able to work but can't find employment. They serve different purposes and have different eligibility requirements.
0 coins
Anastasia Smirnova
Hey Malik, sorry to hear about your accident. Just wanted to add that when you do file for workers comp, make sure to document everything - photos of the accident site if possible, witness statements, medical records, etc. Also, don't let your employer pressure you into not filing. In NY, contractors are often covered under workers comp even if they're not direct employees, especially in construction. The sooner you file the better - there are deadlines for reporting workplace injuries. Hope you heal up quickly!
0 coins