Can I get NY unemployment after motorcycle accident from pothole? Temporarily disabled

No, unemployment is specifically for people who lost their job but are able and available to work. What you need is NY State Disability Benefits (DB), which covers off-the-job injuries. Your employer should have this insurance. Ask HR for DB-450 form to start your claim. You generally get 50% of your average weekly wage up to the maximum benefit amount.

u might also wanna look into suing the city for the pothole damage. My cousin hit one last yr and got $$$ for his medical + bike repair. Just sayin

You definitely can't get unemployment, I tried that route after breaking my arm last year. The system is SO confusing!!!!! They rejected me because technically I still HAD a job, just couldn't DO the job. Makes no sense!!!! The NYS disability thing the other person mentioned is what you need, but warning: the forms are CONFUSING and it takes FOREVER to process. I was almost healed by the time I got my first payment. 😠

To clarify some points: New York State Disability Benefits (DB) provides temporary cash benefits to eligible wage earners who become disabled by an OFF-THE-JOB injury or illness. The current maximum benefit is $170 per week for up to 26 weeks. You need to file form DB-450 within 30 days of becoming disabled. Your doctor must complete part of this form. Regarding the pothole claim: You'll need to file a Notice of Claim with the specific municipality (city, town, county) responsible for that road. There are strict deadlines - typically 90 days from the incident. This is completely separate from your disability claim.

This happened to me too! Hit a pothole on my bike (bicycle in my case) and broke my wrist. The NYS disability process is awful, took forever to reach anyone when I had questions.

When I had to deal with NYS disability last year after surgery, I couldn't get through on their phone lines for days. Finally used this service called Claimyr (claimyr.com) that got me through to an actual human at the disability office in about 20 minutes instead of spending hours on hold. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE Saved me a ton of frustration especially when I needed to check why my claim was delayed. For disability claims, you really need to talk to someone to make sure all your paperwork is being processed correctly.

dont forget to file a police report about the accident if u havent already!! you'll need that for the city claim thing

Since your injury is from a pothole, you should pursue both tracks simultaneously: 1. NYS Disability Benefits for immediate income support (though limited) 2. Municipal liability claim for the dangerous road condition For the municipal claim, having a police report documenting the pothole is extremely valuable evidence. You should also consider whether you have any applicable coverage through your motorcycle insurance policy. Some policies include Personal Injury Protection or Medical Payments coverage that might apply even in single-vehicle accidents. Lastly, if your employer has more than 50 employees, you might qualify for unpaid leave under FMLA to protect your job while you recover, though this doesn't provide income.

hope ur leg gets better soon man, that sucks

Update us on how it goes!! The disability system is SO broken in NY, I swear!!! Maybe your experience will be better than mine was. 🤞