Can I get NYS unemployment while on short term disability benefits?
My employer put me on short term disability after I injured my back at work last month. I'm getting disability payments but they're only covering about 60% of my salary. I'm struggling to pay my bills and wondering if I can also file for unemployment benefits through NYS Department of Labor while I'm on disability? Has anyone been in this situation before? I'm confused about whether you can collect both at the same time.
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Caleb Stone
Unfortunately, you generally cannot collect unemployment benefits while receiving short term disability payments. To be eligible for UI benefits in New York, you must be able and available for work. Being on disability means you're medically unable to work, which disqualifies you from unemployment benefits. The NYS Department of Labor considers these mutually exclusive - you can't be both unable to work (disability) and able to work (unemployment) at the same time.
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Jade Santiago
•That makes sense but it really puts me in a bind financially. Is there any exception to this rule or other assistance I might qualify for?
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Daniel Price
yeah i tried this last year when i was on disability for my knee surgery and NYS Department of Labor denied my claim immediately. they said since i was getting disability payments i couldnt file for unemployment. kinda sucks but thats how it works
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Olivia Evans
The key issue is the 'able and available' requirement for unemployment. However, once your disability period ends and you're cleared to return to work, you could potentially file for unemployment if your employer doesn't have a position available for you. Some people also qualify for other assistance programs during disability periods - you might want to check with your county's social services department about temporary assistance programs.
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Jade Santiago
•Good point about filing after the disability ends. My doctor says I should be cleared to work in about 6 weeks. If my company doesn't take me back right away, I could file then?
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Caleb Stone
•Yes, as long as you're medically cleared to work and available for employment, you could file for unemployment benefits at that point. Just make sure you have documentation from your doctor clearing you to return to work.
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Sophia Bennett
This is so frustrating! I called NYS Department of Labor three times last week trying to get through to someone about this exact question and kept getting disconnected. Their phone system is impossible to navigate when you need real answers about these complicated situations.
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Aiden Chen
•I had the same problem reaching NYS Department of Labor agents until someone told me about Claimyr. It's a service that helps you get through to actual unemployment agents - they have a website at claimyr.com and there's a demo video showing how it works at https://youtu.be/qyftW-mnTNI. I used it when I had questions about my adjudication and actually got to speak with someone in about 20 minutes instead of calling for days.
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Zoey Bianchi
been there with the financial stress during disability. the 60% payments barely cover anything. have you looked into food stamps or medicaid while you're on disability? sometimes those programs can help bridge the gap until you can work again
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Christopher Morgan
wait so if im on FMLA but not getting paid can i file for unemployment? my situation is different but similar
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Caleb Stone
•FMLA is unpaid leave, but you still need to be able and available for work to qualify for unemployment. If you're on FMLA for medical reasons and can't work, then no. If it's for family care and you could work other jobs, it gets more complicated - you'd need to speak with NYS Department of Labor directly about your specific situation.
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Liam Duke
I work for a workers' compensation attorney and see this situation frequently. Since you mentioned this was a work-related injury, you should definitely look into filing a workers' compensation claim if you haven't already. Workers' comp can provide additional benefits beyond short-term disability and may cover more of your lost wages. You might also be entitled to temporary total disability payments through workers' comp, which could be higher than your current 60%. The key is that workers' comp and disability benefits can sometimes be coordinated, and there may be legal protections for your job once you're ready to return. I'd strongly recommend consulting with a workers' comp attorney - most offer free consultations for work injuries.
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Cameron Black
•This is really helpful advice! I didn't even think about workers' comp since my employer automatically put me on short-term disability. Should I file a workers' comp claim even though I'm already getting disability payments? And do you know if workers' comp would conflict with the disability benefits I'm currently receiving? I definitely want to explore this option if it could help with the financial gap.
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Amelia Martinez
•Yes, you should absolutely file a workers' comp claim even while receiving short-term disability! In New York, you can often receive both simultaneously, though the total amount may be coordinated so you don't exceed 100% of your wages. Workers' comp typically pays 2/3 of your average weekly wage and there's no time limit like there is with short-term disability. The big advantage is that workers' comp also covers all your medical expenses related to the injury. Since your employer put you on disability first, they may be trying to avoid a workers' comp claim, but you have every right to file one for a work-related back injury. Don't wait too long though - there are deadlines for filing workers' comp claims in NY.
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