Can I collect NYS Department of Labor unemployment benefits while receiving workers comp?
I got injured at my warehouse job back in October and have been getting workers compensation payments since then. My doctor says I might be able to do light duty work soon but my employer doesn't have any positions available. I'm wondering if I can file for unemployment benefits through NYS Department of Labor while still getting workers comp? The workers comp isn't covering all my bills and I need something to bridge the gap. Has anyone been in this situation before?
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Sean Matthews
This is actually a common question. Generally, you cannot collect both workers compensation and unemployment benefits at the same time in New York. The NYS Department of Labor considers workers comp to be income replacement, and to qualify for UI benefits you need to be able and available for work. If you're receiving workers comp, it usually means you're unable to work due to your injury.
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Mikayla Brown
•But what if my doctor clears me for light duty? Would that change anything with the NYS Department of Labor eligibility?
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Ali Anderson
i think once your cleared for work you can apply but not while getting workers comp payments. my brother went through this last year
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Zadie Patel
The key issue is the 'able and available' requirement for unemployment. Even if you can do light duty, if you're still receiving workers comp benefits, NYS Department of Labor will likely deny your claim. However, once your workers comp case closes and you're fully released to work (even with restrictions), then you could potentially qualify for UI benefits if your employer can't accommodate your restrictions. You'd need to document that your employer has no suitable positions available.
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Mikayla Brown
•That makes sense. So I should wait until workers comp ends before filing with NYS Department of Labor?
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Zadie Patel
•Yes, that would be the safest approach. Filing while still on workers comp could result in an overpayment demand later.
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A Man D Mortal
I tried calling NYS Department of Labor about this exact situation last month and could never get through to anyone. The phone system is impossible. I ended up using this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent I spoke with confirmed that collecting both benefits simultaneously would create problems.
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Declan Ramirez
•Never heard of that service but might be worth trying. I've been trying to reach someone about my own claim for weeks.
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Emma Morales
Wait, I'm confused about something. If I'm getting workers comp but my doctor says I can work, why wouldn't I be able and available? Seems like the NYS Department of Labor rules don't make sense here.
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Sean Matthews
•The issue is that if you're still receiving workers comp payments, the system assumes you're not fully capable of returning to your previous job. Even with light duty clearance, you're still considered partially disabled if the payments continue.
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Katherine Hunter
THIS HAPPENED TO ME! I made the mistake of filing for unemployment while still getting workers comp and now I owe NYS Department of Labor over $2800 in overpayments. Don't do it! Wait until your workers comp case is completely closed.
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Mikayla Brown
•Oh no! Thanks for the warning. Definitely going to wait then.
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