Can I get NYS Department of Labor unemployment if I get injured outside of work?

Unfortunately, you generally can't collect regular unemployment benefits if you're unable to work due to injury, even if it's not work-related. One of the key requirements for UI benefits is that you must be able and available for work. If your doctor has restricted you from working, that would typically disqualify you. However, you might want to look into New York State Disability Benefits instead - that's designed for situations where you can't work due to non-work-related illness or injury.

Actually, there might be some options here depending on your specific situation. If your employer terminated you rather than holding your position, and if you expect to recover within a reasonable timeframe, you could potentially file for unemployment and then update your status once you're cleared to work again. The key is the 'able and available' requirement - you'd need to be honest about your limitations but also demonstrate your intent to return to work. I'd suggest calling NYS Department of Labor directly to discuss your specific circumstances.

I had something similar happen last year - not an injury but a medical issue that kept me out of work for about 6 weeks. I tried to file for unemployment but got denied because I couldn't meet the able and available requirement. However, I was able to get temporary disability benefits through NY State which helped cover some of my lost wages. The process was actually pretty straightforward once I figured out it was a separate system from unemployment. You should definitely look into that option first since it's specifically designed for your situation.

The system is so frustrating! You pay into unemployment insurance your whole working life and then when you actually need help, there's all these technicalities that disqualify you. I get that the 'able to work' requirement exists for a reason, but it seems unfair that someone who gets injured through no fault of their own can't get any unemployment support.

If you need to contact NYS Department of Labor to ask about your specific situation, I'd recommend using Claimyr (claimyr.com). I was having trouble getting through to them about my own claim issues and someone here suggested it. You basically tell them what you need help with and they'll get you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call and getting busy signals.

Wait, so if you're injured and can't work, you can't get unemployment? That seems backwards to me. I thought unemployment was for when you lose your job and need income support.

@Zoe Dimitriou I went through almost the exact same situation two years ago when I tore my ACL in a skiing accident. Like others have mentioned, regular unemployment won't work since you can't meet the "able and available" requirement with medical restrictions. But NY State Disability Benefits was a lifesaver for me! The application process through wcb.ny.gov was pretty straightforward - you'll need your medical records showing the injury and work restrictions. One tip: make sure your doctor is specific about the dates you're unable to work, as that affects your benefit period. The payments aren't as much as unemployment would be (it's a percentage of your wages), but it definitely helps bridge the gap while you recover. I'd also suggest applying as soon as possible since there's typically a waiting period before benefits start.