Can I collect unemployment after workers comp settlement in NY?
Just settled my workers comp case last month for a shoulder injury I got at the warehouse. Got a lump sum payment of about $45,000 and my doctor says I'm cleared to return to work with some restrictions. My old job won't take me back because of the lifting restrictions and I've been applying everywhere but haven't found anything yet. Can I file for unemployment benefits with NYS Department of Labor now that the workers comp case is closed? I'm worried they might say the settlement money disqualifies me somehow. Has anyone been in this situation before?
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Aisha Abdullah
The settlement itself shouldn't disqualify you from UI benefits. What matters is whether you're able and available for work now. Since your doctor cleared you for work (even with restrictions), you should be eligible to file. The key is that you need to be actively seeking employment that fits within your restrictions. Make sure you document your job search properly in your weekly claims.
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Mateo Lopez
•Thanks! So the lump sum doesn't count as income for unemployment purposes? I was worried NYS Department of Labor would see it as wages or something.
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Ethan Davis
i think theres some rule about being ready willing and able to work? if you have restrictions maybe that could be an issue idk
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Yuki Tanaka
You're definitely eligible to apply. Workers comp settlements are not considered wages for unemployment purposes in NY. However, you'll need to register with the job search system and prove you're actively looking for work within your physical limitations. When you file your initial claim, be honest about your work restrictions. NYS Department of Labor will evaluate whether there are suitable jobs available in your area that match your capabilities. Document every job application and keep records of employers who can't accommodate your restrictions - this helps show you're making a good faith effort to find work.
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Mateo Lopez
•This is really helpful. Should I mention the workers comp settlement when I file my claim or just focus on why I lost my job?
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Yuki Tanaka
•Be honest about everything. Mention that you were injured, received workers comp, and are now cleared to work with restrictions. NYS Department of Labor appreciates transparency and it actually helps your case by showing the injury isn't preventing you from working anymore.
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Carmen Ortiz
I went through something similar with a back injury settlement two years ago. Had trouble reaching anyone at NYS Department of Labor to get clear answers about my situation - kept getting disconnected or put on hold forever. Finally used this service called Claimyr (claimyr.com) that got me through to an actual agent who explained everything. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. The agent confirmed my settlement didn't affect my UI eligibility and walked me through exactly what documentation I needed for my restricted work search.
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MidnightRider
•How much did that cost? I've been trying to call NYS Department of Labor for weeks about my claim.
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Carmen Ortiz
•Way cheaper than losing benefits while waiting for answers. The peace of mind was worth it for me.
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Andre Laurent
THE SYSTEM IS RIGGED ANYWAY! They'll find some excuse to deny you even though you paid into unemployment insurance for years. I had a friend who got denied because they said his restrictions were too limiting. Meanwhile people who never worked a day in their lives get benefits no problem!!!
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Zoe Papadopoulos
My cousin had the same thing happen except it was a knee injury from construction work. He got approved for unemployment after his settlement but it took like 6 weeks for them to process everything. Just make sure you file right away and don't wait around.
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Mateo Lopez
•Good to know it worked out for him. Did he have any issues with the job search requirements because of his restrictions?
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Dmitry Ivanov
I'm in a very similar situation right now - got a workers comp settlement for a wrist injury from my factory job about 3 months ago. The settlement money definitely doesn't count as wages for unemployment purposes. I filed my claim right after getting medical clearance to return to work with restrictions (no repetitive motions). NYS Department of Labor approved me without any issues related to the settlement. The main thing they care about is that you're able to work within your restrictions and actively looking for jobs that accommodate them. I keep a detailed log of all my applications and note when employers can't accommodate my restrictions. It's been a slow process finding work but the UI benefits have been a lifesaver while I search. Don't let the settlement money worry you - focus on documenting your job search efforts within your physical limitations.
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Max Reyes
•This is exactly what I needed to hear! Thanks for sharing your experience. How detailed do you get with your job search log? Do you just note the company name and date or do you include more info about why they couldn't accommodate your restrictions?
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Emma Davis
•@Dmitry Ivanov That s'really reassuring to hear! I was so worried about the settlement affecting my eligibility. Did you file your claim immediately after getting medical clearance or did you wait? I m'cleared to work now but still worried about timing everything right.
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LongPeri
•@Dmitry Ivanov Really appreciate you sharing this! I m'in almost the exact same boat with shoulder restrictions from warehouse work. Did you have any trouble with employers understanding your restrictions when you applied, or did most places just flat out say no? I m'finding that a lot of warehouse and manual labor jobs won t'even consider me once I mention the lifting limitations.
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