Can I get NYS Department of Labor unemployment benefits if I'm injured and can't work?
I hurt my back at my construction job last month and my doctor says I can't do any physical work for at least 6-8 weeks. My employer had to let me go because they don't have any desk jobs available. I'm wondering if I can get unemployment benefits from NYS Department of Labor while I recover? I've never filed for UI before and I'm not sure if being injured disqualifies me. Has anyone been in this situation before?
12 comments


Pedro Sawyer
You can potentially qualify for unemployment benefits even with an injury, but there are specific requirements. You need to be able and available for work that you can physically perform. Since your doctor restricted you from physical labor but not all work, you might qualify if you can demonstrate you're seeking jobs within your medical restrictions. When you file your weekly claim, you'll need to honestly report your work limitations but also show you're actively job searching for suitable positions.
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Gemma Andrews
•That makes sense. So I should look for office jobs or other non-physical work while I'm recovering? Do I need to bring medical documentation when I apply?
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Mae Bennett
i was in similar situation last year broke my wrist and couldnt do my warehouse job but i still got unemployment. you just have to be honest about what kind of work you can do and keep applying to jobs that fit your restrictions
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Gemma Andrews
•How long did it take for your claim to get approved? I'm worried about paying my bills while waiting.
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Beatrice Marshall
The key thing is the 'able and available' requirement. NYS Department of Labor will want to see that you're genuinely seeking work you can perform with your medical restrictions. Keep detailed records of your job applications and make sure you're meeting the weekly job search requirements. Also, don't forget to file for workers' compensation if your injury was work-related - you might be eligible for both temporarily.
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Melina Haruko
•Wait, can you really get both unemployment and workers comp at the same time? I thought it was one or the other.
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Dallas Villalobos
I had such a hard time getting through to NYS Department of Labor when I had questions about my medical restrictions affecting my claim. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent who could explain exactly how to handle the able and available requirement with my injury. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier.
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Gemma Andrews
•Thanks for the tip! I'll check that out if I have trouble getting through to someone at NYS Department of Labor.
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Reina Salazar
Just be prepared for possible adjudication if your claim gets flagged for the medical restrictions. It happened to me and took almost 3 weeks to resolve. They wanted additional documentation about what type of work I could still perform.
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Mason Lopez
I went through something similar when I had shoulder surgery and couldn't do my manufacturing job. The NYS Department of Labor approved my claim because I could still do sedentary work - I just had to prove I was actively looking for office positions or remote work within my restrictions. Make sure to get a letter from your doctor clearly stating what types of work you CAN do, not just what you can't. Also apply as soon as possible since there's usually a waiting week before benefits start. The weekly certification process will ask about your work search efforts, so keep a log of every job you apply to that matches your medical limitations.
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Diego Mendoza
•This is really helpful advice! I hadn't thought about getting a letter from my doctor that specifically lists what I CAN do rather than just the restrictions. That makes a lot of sense for proving I'm still able to work within my limitations. Did you have any trouble finding employers willing to hire someone with temporary medical restrictions, or were most understanding about the situation?
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Isaiah Sanders
I'm dealing with a similar situation right now - injured my knee in a slip and fall at work and can't do my retail job that requires standing all day. From what I've learned, the most important thing is being upfront about your limitations when you file. NYS Department of Labor wants to see that you're "able and available" for some type of work, even if it's not your usual job. I've been applying to customer service positions I can do from home and data entry jobs that don't require physical activity. The weekly certifications ask specifically about your job search, so I keep a spreadsheet of every application I submit. One tip - when you register on the job portal, make sure to set up job alerts for remote or office work so you can show consistent search activity. Good luck with your recovery!
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