Broke my leg can I get unemployment benefits from NYS Department of Labor?

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.

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.

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

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.

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.

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!

Really appreciate everyone's advice here! I had no idea about the documentation part - wish I had thought to take photos at the scene but I was pretty shaken up. I did get the names of a couple guys who saw it happen though. Going to call the workers comp office first thing Monday morning. It's a relief to know that even as a contractor I should still be covered. And good to know about the unemployment option down the road if I can't get back with my current crew. Thanks for taking the time to help out - this community is awesome when you're dealing with stuff like this for the first time.

Hey Malik, really sorry about your accident - that sounds incredibly stressful on top of dealing with the injury itself. Just wanted to chime in with some additional info that might help. While you're focusing on workers comp (which is definitely the right first step), you should also know that once you're medically cleared to return to work, you can potentially file for unemployment even if there's a gap between when you're cleared and when you actually find work. The NYS Department of Labor will want documentation from your doctor showing you're able to work again. Also, if your injury results in any permanent limitations that prevent you from doing your previous type of construction work, there might be vocational rehabilitation benefits available through workers comp to help retrain you for different work. Best of luck with everything - construction injuries can be complicated but there are definitely resources out there to help you through this!