Can I get ny unemployment after motorcycle accident from pothole?
Hit a massive pothole while riding my motorcycle about three weeks ago and seriously messed up my knee. Doctor says I'll be out of work for at least another month, maybe two. My job doesn't offer any kind of short-term disability insurance and I'm burning through my savings fast. Can I apply for unemployment benefits in New York while I recover? I've never filed before and don't know if this qualifies since I technically still have a job, just can't physically do it right now. Has anyone dealt with something similar? Bills are piling up and I'm starting to panic a little.
37 comments
Emily Thompson
Sorry about your accident, that sucks. Unfortunately unemployment is only for when you LOSE your job through no fault of your own, not when you cant work due to injury. What you need is NYS disability benefits (sometimes called DBL). Check with your employer - they're required to have this coverage for employees. You should be eligible for up to 50% of your average weekly wage for up to 26 weeks.
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Jacob Lee
•Thanks for the info! My boss is being weird about it and saying they're too small to have that coverage. Is that even possible? Ugh.
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Sophie Hernandez
•They're lying to you. NYS requires ALL employers to carry disability insurance. Even if they have only ONE employee. Call the Workers Comp Board at 877-632-4996 to report them.
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Jacob Lee
•Wow seriously?? I had no idea. Will definitely call tomorrow. Thanks!
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Daniela Rossi
After dealing with the run-around from both my job and the state for weeks over my disability claim, I finally found a service that helped me get through to an actual human at the disability office. Used this site called claimyr.com and they set up a callback for me so I didn't have to wait on hold for hours. Talking to an agent got my claim processed so much faster, worth every penny since I finally got my benefits started. Check out their explainer video: https://youtu.be/Rdqa1gKtxuE
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Ryan Kim
•This sounds like an ad or something. Does this actually work? I've been trying to call for days and just get disconnected.
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Daniela Rossi
•Not an ad lol. I was skeptical too but after three days of not getting through I was desperate. They just dial for you and call you when someone picks up. My claim got approved the same day I talked to a rep.
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Zoe Walker
•wait does this actually work? I've been trying to get through for my disability claim too and the phones are impossible
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Daniela Rossi
•Yep, worked for me! The callback came in about 2 hours when I used it. Waaaaay better than sitting on hold all day.
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Elijah Brown
•another service claiming to fix the unfixable system... sure jan 🙄
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Daniela Rossi
•believe what u want but it literally got me my benefits when nothing else worked. my claim was stuck for 3 weeks before I finally got through this way 🤷♀️
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Maria Gonzalez
•Just tried claimyr this morning after seeing this thread. Got a callback in about 90 mins. Agent fixed my issue right away! Probably saved me weeks of waiting.
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Natalie Chen
You need to apply for NY State Disability, not unemployment. If you were injured outside of work, you can get up to $170/week for temporary disability. It's not much but better than nothing. U can also look into suing the city/county responsible for the pothole - take pics of it if you haven't already.
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Santiago Martinez
This exact thing happened to my brother last summer! He hit a pothole on his Harley and broke his collarbone. He applied for NY disability benefits and got them, but it took forever and the weekly amount is honestly pathetic. Like $170/week max no matter what you were making before. Also file a claim against the municipality where the pothole is - they have to pay for damages if they knew about the pothole and failed to fix it.
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Jacob Lee
•I took pics of the pothole right after it happened. It was massive and had been there for months according to neighbors. Who exactly do I file the claim with?
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Santiago Martinez
•Depends on if it was a city street or county road or state highway. Google "[location name] pothole damage claim form" and you'll probably find it. You only have limited time tho so do it ASAP.
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Jacob Lee
•Thanks for the tip! Will do that today.
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Samantha Johnson
Here's what you need to know about NY disability benefits for non-work injuries: 1) Apply ASAP - there's a 30-day deadline from when you became disabled 2) You need your doctor to complete forms confirming you can't work 3) Benefits are only about 50% of your average weekly wage up to a maximum of $170/week (yes, it's ridiculously low) 4) There's a 7-day waiting period before benefits start 5) Can last up to 26 weeks depending on recovery time The system is notoriously slow and difficult to navigate. I highly recommend using claimyr.com to get through to an actual person on the phone instead of dealing with the automated system. It saved me weeks of waiting when I was out with a back injury. Also, definitely file a claim against the city/county for the pothole damage and your injuries. Document everything. If the pothole had been reported and not fixed, you have a good case for compensation. Good luck with your recovery!
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Jacob Lee
•$170 a week?? How is anyone supposed to live on that? That won't even cover my rent!
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Samantha Johnson
•I know, it's totally inadequate. NY hasn't increased the maximum benefit in years. That's why pursuing a claim against whoever's responsible for road maintenance is important too.
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Nick Kravitz
unemployment wont cover this sitch. You need NY state disability (DBL). but also, def file a claim against the city for that pothole! You can get $$ for medical bills, lost wages, pain & suffering. NYC paid my cousin $25k for a pothole bike accident last year.
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Hannah White
As others have said, this isn't an unemployment situation since you still technically have a job. But I wanted to add that if your injury lasts longer than a year, you might qualify for SSDI (Social Security Disability Insurance). Obviously hope you heal faster than that, but something to keep in mind if recovery takes longer than expected.
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Michael Green
not sure if anyone mentioned this yet but if the accident happened on your way to or from work it might actually qualify as a workers comp claim in some cases. worth checking with a lawyer about. most give free consultations
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Jacob Lee
•It was actually on my way to pick up groceries, not work related. But thanks for the suggestion!
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Mateo Silva
Look into NYS No-Fault insurance too if you were hit by a car! It covers lost wages up to $2k/month for up to 3 years I think.
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Jacob Lee
•It was just me hitting a pothole, no other vehicle involved. But thanks anyway!
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Mateo Silva
•Ah gotcha. Then definitely NY disability and a claim against whoever maintains that road. Take pics of that pothole if you haven't already!
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Victoria Jones
i work at a law firm that handles these cases. DM me and i can help you file a claim against the city. there's a 90-day deadline so don't wait!!
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Cameron Black
I went through this exact nightmare last year. The ny disability system is a JOKE. $170/week maximum benefit?? That's like $680 a month when my rent alone is $1500. The whole system is designed to be impossible to navigate. I spent WEEKS trying to get anyone on the phone.
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Jessica Nguyen
•did you ever actually get thru to anyone? ive been trying for days
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Cameron Black
•Finally did after using claimyr.com - only way I could get a human on the line. Was about to lose my apartment before that happened.
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Isaiah Thompson
Have you tried contacting your local state representative's office? When I had issues with my disability claim, their constituent services person helped push it through. They can sometimes work miracles with state agencies when us regular folks get stuck in the system.
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Ruby Garcia
Fun fact: If your motorcycle has collision insurance it might cover some of your medical bills. Also check if your health insurance has any short-term disability coverage attached to it. Some plans do!
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Alexander Evans
Bruh the max disability payment in NY is a JOKE. $170 a week??? What year is it, 1985? 😂 Good luck buying a loaf of bread with that. The system is broken af
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Evelyn Martinez
•it's literally criminal. no one can survive on that. meanwhile the disability insurance companies are making BANK 🤬
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Benjamin Carter
•For real tho. NJ's max benefit is like $700+ a week but cross the river to NY and suddenly you're supposed to live on $170? Make it make sense.
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Maya Lewis
This happened to my wife and OMG the disability application was a nightmare. We could never get through on the phone. The website kept giving errors. Finally used claimyr.com to get an actual person on the phone and got it resolved in one call. Don't waste weeks like we did!
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