Can I get unemployment if I am medically unable to work - NYS Department of Labor eligibility question
I've been dealing with a back injury from my warehouse job for the past month and my doctor says I need at least 6-8 weeks off work for recovery. My employer put me on unpaid leave but I'm worried about how I'm going to pay my bills. I've never filed for unemployment before and I'm confused about whether I can even qualify if I'm medically unable to work right now. I thought you had to be able and available for work to get UI benefits? Has anyone been in a similar situation with NYS Department of Labor? I really need some guidance on what my options are.
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Amara Nwosu
Unfortunately, regular unemployment insurance requires you to be able and available for work, which means you typically can't qualify while you're medically unable to work. However, you might want to look into disability benefits instead. New York State has a Disability Benefits program that could help with partial wage replacement while you recover. You'd need to file through your employer's disability insurance carrier, not through NYS Department of Labor unemployment.
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Liam O'Donnell
•Oh I didn't even know there was a separate disability program! Do you know if I can apply for that even if I'm technically still employed but just on unpaid leave?
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AstroExplorer
yeah i was in the same boat last year with a knee surgery, unemployment won't cover you if you cant work but the disability thing might help. my employer had some forms i had to fill out
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Giovanni Moretti
The key distinction here is that NYS Department of Labor unemployment is for people who are involuntarily unemployed but ready to work, while disability benefits are for people who are temporarily unable to work due to medical reasons. Since you're on unpaid medical leave, you'd want to contact your HR department about filing for New York State Disability Benefits. You typically have 30 days from when your disability began to file. If your employer doesn't have disability coverage, you might be eligible for Family Leave benefits instead.
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Fatima Al-Farsi
•Wait, what if someone gets laid off while they're also dealing with a medical issue? Would they qualify for unemployment then or would they still need to prove they're able to work?
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Giovanni Moretti
•Good question! If you're laid off, you could potentially qualify for unemployment even with a medical condition, but you'd still need to certify each week that you're able and available for work that you can physically perform. NYS Department of Labor might approve your claim if you can do some type of work, even if it's limited.
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Dylan Cooper
I had a really hard time getting through to anyone at NYS Department of Labor when I had questions about this exact situation. Their phone lines are always busy and the website doesn't have clear info about medical situations. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual NYS Department of Labor agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to speak to someone directly about your specific situation.
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Sofia Perez
•Never heard of that service before but honestly anything is better than trying to call NYS Department of Labor directly. I've been hung up on so many times.
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Dmitry Smirnov
The whole system is ridiculous if you ask me!!! Why should someone who gets hurt at work have to jump through all these hoops just to get help paying bills? Should be automatic coverage but instead they make you figure out if its unemployment or disability or workers comp or whatever else. MAKES NO SENSE
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AstroExplorer
•i feel you on that, the whole thing is confusing especially when youre already stressed about being hurt and not working
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Liam O'Donnell
Thanks everyone for the info! Sounds like I need to focus on the disability benefits route instead of unemployment. I'll check with my HR department tomorrow about what forms I need to fill out. Hopefully I can get something started soon because these bills aren't going to wait for me to heal up.
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Lim Wong
Just wanted to add that if your back injury happened at work (which it sounds like it did since you mentioned it was from your warehouse job), you should definitely look into filing a workers' compensation claim in addition to the disability benefits. Workers' comp can cover your medical expenses and provide wage replacement while you're recovering. You can file a workers' comp claim even if you're still technically employed. The process is separate from both unemployment and regular disability benefits, and since it was a work-related injury, you might be entitled to more comprehensive coverage. Your employer should have provided you with the necessary forms when you reported the injury.
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Ava Garcia
•This is really important advice! @Lim Wong is absolutely right - if this happened at your warehouse job, workers comp' should definitely be your first priority. Workers comp' typically pays a higher percentage of your wages than regular disability benefits and covers all your medical costs related to the injury. Plus, your employer is required by law to have workers comp' coverage, so you shouldn t'have to worry about whether they have disability insurance or not. Did you report the injury to your supervisor when it happened? You ll'need that documentation for the workers comp' claim.
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