Can I get unemployment while on workers comp - NYS Department of Labor eligibility question
I'm currently receiving workers compensation benefits for a back injury I got at my construction job about 6 weeks ago. My employer says they can't give me light duty work and the doctor hasn't cleared me to return to full construction work yet. A friend told me I might be able to file for unemployment benefits through NYS Department of Labor while I'm still getting workers comp payments. Is this actually possible? I'm getting about $580 a week from workers comp but that's not covering all my bills. Has anyone dealt with this situation before?
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Anastasia Popova
Generally speaking, you cannot collect both workers compensation and unemployment benefits at the same time in New York. The NYS Department of Labor considers workers comp payments as income, and you're technically not 'able and available' for work if you're medically restricted. However, there are some specific situations where partial benefits might be possible if you're cleared for light duty but your employer can't provide it.
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Diego Mendoza
•So even if my employer can't give me light duty work, I still can't get unemployment? That seems unfair since I'm willing to work but they won't let me.
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Sean Flanagan
wait i thought you could get both if the workers comp wasn't enough to live on?? my cousin was getting unemployment while on workers comp last year but maybe that was during covid
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Anastasia Popova
•The pandemic programs had different rules, but those ended. Regular unemployment and workers comp have always had restrictions about collecting both simultaneously in NY.
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Zara Shah
You need to be very careful here because filing for unemployment while on workers comp could potentially affect your workers comp case. The 'able and available' requirement for unemployment directly conflicts with being medically unable to work. I'd suggest calling NYS Department of Labor directly to discuss your specific situation before filing any claims.
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Diego Mendoza
•Good point about it affecting my workers comp case. I definitely don't want to mess that up. Do you know if there's a specific number to call for these kinds of questions?
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NebulaNomad
I had a similar situation when I was on workers comp for a shoulder injury. I tried calling NYS Department of Labor multiple times but could never get through to an actual person. After weeks of busy signals and disconnected calls, I found this service called Claimyr (claimyr.com) that helped me get connected to an unemployment agent. They have this video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. The agent was able to explain the specific rules about workers comp and unemployment eligibility for my situation.
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Diego Mendoza
•Thanks for that info! I'll check out that video. Did they charge you a lot for the service?
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NebulaNomad
•It was worth it to finally talk to someone who knew the actual rules instead of guessing. Much better than spending weeks trying to get through on my own.
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Luca Ferrari
The whole system is ridiculous!! I've been trying to figure this out for months and every person gives me different answers. Some say you can't get unemployment at all while on workers comp, others say you can if you're cleared for light duty. NYS Department of Labor needs to make this clearer on their website instead of making people guess!
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Nia Wilson
•I feel your frustration. The rules really aren't explained clearly anywhere online.
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