Can I receive workers comp and unemployment benefits at the same time in NY?
I got injured at my manufacturing job 2 months ago and have been receiving workers compensation payments. My doctor says I can do light duty work now but my employer doesn't have any light duty positions available. They told me I might need to look for other work while I recover. Can I file for unemployment benefits through NYS Department of Labor while still getting workers comp? I'm confused about whether this is allowed or if it would affect either benefit. Has anyone been in this situation before?
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Angelica Smith
Yes, you can potentially receive both but there are specific rules. If you're able and available to work (even with restrictions) and your employer can't accommodate you, you may qualify for unemployment benefits. The key is proving you're actively seeking work that fits your medical restrictions. NYS Department of Labor will want documentation from your doctor about what type of work you can perform.
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Sophia Long
•Thanks! Do I need to report the workers comp payments when I file my weekly unemployment claims?
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Logan Greenburg
this is tricky territory... i think there might be an offset between the two benefits? like they reduce your unemployment by whatever you get from workers comp but im not 100% sure how that works in NY
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Charlotte Jones
You absolutely must report all income including workers compensation when filing your weekly claims with NYS Department of Labor. There is typically an offset - your unemployment benefit may be reduced dollar-for-dollar by your workers comp payment, but you should still file to establish your claim. Each case is different depending on your specific medical restrictions and work availability.
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Lucas Bey
•Wait, so if my workers comp is $400/week and unemployment would be $300/week, I'd still only get $400 total? That doesn't seem right...
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Charlotte Jones
•Correct, there's usually an offset to prevent double-dipping. But filing for unemployment protects your claim for when workers comp ends, plus there might be weeks where you're available for work but workers comp is delayed.
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Harper Thompson
I went through this exact situation last year! The NYS Department of Labor office kept giving me different answers every time I called. Took forever to get through to someone who actually knew the rules. Finally found this service called Claimyr (claimyr.com) that helped me reach an actual agent who could explain everything properly. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Way better than sitting on hold for hours just to get disconnected.
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Caleb Stark
•Did they charge you a lot for that service? Seems like something NYS Department of Labor should be able to help with directly...
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Harper Thompson
•It was worth it to finally get clear answers instead of guessing. The confusion was costing me money because I wasn't sure if I should file or not.
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Jade O'Malley
The whole system is so complicated!! Why can't they just have clear guidelines posted somewhere? I'm dealing with a similar workers comp situation and every website says something different about whether you can collect both benefits.
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Angelica Smith
To clarify the main points: 1) You can file for unemployment if you're able/available for work within your restrictions, 2) You must report workers comp income on weekly claims, 3) There will likely be an offset reducing your UI benefit, 4) Still worth filing to protect your claim status. Make sure you have medical documentation of your work capabilities before applying.
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Sophia Long
•This helps a lot! I'll get the paperwork from my doctor and file my claim this week. Thanks everyone for the advice.
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