< Back to New York Unemployment

Can my husband get ny unemployment again after short job and injury?

My husband received unemployment benefits until August when he finally found a construction job. After working for only 9 days, he suffered a back injury that required surgery. When he tried contacting his new employer about when he could return, they told him they don't have any work for him right now. His doctor has restricted him from working for 6-8 weeks post-surgery. We're struggling financially - can he reapply for unemployment since the employer basically let him go? Or should he be applying for disability instead? What options do we have? We've got bills piling up and I'm only working part-time so we really need to figure something out fast.

He probably wont qualify for unemployment again because he didnt work enough weeks at the new job to build up more benefits. NYS Disability might be his best option but it pays way less than unemployment - like maybe $170 a week max? If the injury happened AT work he should absolutely file for workers comp instead tho!

0 coins

The injury actually happened on the worksite when he was lifting something heavy. Workers comp might be the way to go? I'm just worried about how long that takes to process.

0 coins

DEFINITELY file for workers comp then!! Thats exactly what its for. They'll pay for his medical AND give him partial income while he recovers.

0 coins

workers comp is the answer here 100%. They have to pay like 2/3 of his wages while he's healing. Make sure he files asap because theres deadlines.

0 coins

Thank you both! I'll make sure he files for Workers Comp today.

0 coins

After struggling with the phone system for DAYS trying to ask this exact question, I finally used this service called Claimyr (claimyr.com) and got a callback with a real person at NY unemployment who could actually help. Talking to an agent got my benefits sorted out in 15 minutes after weeks of getting nowhere! Seriously saved my sanity. Check out this video about how it works: https://youtu.be/Rdqa1gKtxuE

0 coins

Is this actually real? sounds too good to be true with how impossible it is to get through to anyone at unemployment

0 coins

Yeah its 100% real. I was skeptical too but it literally connects you with the same agents you'd talk to if you could get through the normal way. They just handle the hold time for you. Best decision I made after wasting hours trying to call myself.

0 coins

I dunno man, all these miracle solutions for getting through to unemployment always turn out to be scams in my experience 🙄

0 coins

Not a scam at all. They just call and wait on hold for you, then call you when they get a human. No different than asking a friend to stay on hold while you go do something else, except they have tech that does it. Saved me hours of frustration.

0 coins

Since the injury happened at work, your husband should 100% file for Workers' Compensation! I was in almost the identical situation last year. The process: 1) Report the injury to his employer immediately if he hasn't already 2) See a doctor who accepts workers' comp (important!) 3) Make sure the doctor files a medical report with the Workers' Comp Board 4) File an Employee Claim (Form C-3) with the Workers' Comp Board Workers' comp will pay about 2/3 of his average weekly wage TAX FREE while he recovers, plus cover all medical costs related to the injury. Don't waste time on regular disability or unemployment - this is exactly what workers' comp is designed for. If you get stuck in the process, check claimyr.com for help getting through to the right people. Workers comp questions can sometimes be resolved faster than regular unemployment issues.

0 coins

Thank you so much for this detailed breakdown! I didn't realize workers comp would pay that much. He did report it to his supervisor when it happened but we haven't filed anything official yet. Going to start this process today.

0 coins

Glad to help! One more thing - if his employer gives him ANY pushback about filing (this happens a lot), go directly to the NYS Workers' Comp Board. Don't let them discourage him from claiming what he's legally entitled to.

0 coins

This is the correct advice. Just adding that your husband should document EVERYTHING - dates, conversations, symptoms, etc. Take photos of the injury if visible. Some employers try to claim injuries happened outside of work.

0 coins

Your husband probably isn't eligible for regular unemployment right now since he can't work due to medical reasons (you have to be able and available to work to get UI). But definitely pursue workers comp since the injury happened on the job!

0 coins

oh man that's a tough situation. Has he only worked 9 days in total for the year, or did he work more days before getting on unemployment previously? The qualifying period matters for how much benefits he can get.

0 coins

He worked at a restaurant for about 2 years before they closed down in June. That's when he first got unemployment. Then he got this construction job in August that only lasted 9 days before the injury.

0 coins

Thats actually good news for workers comp then! The benefit amount is based on his average weekly wage over the past year, not just the 9 days at the construction job. Should be a much better payment than if he'd only worked those 9 days total.

0 coins

My brother was in a similar situation (got hurt after only working a few weeks at a new job). Since his injury happened at work, he filed workers comp and got 2/3 of his wages while recovering. Plus all his medical was covered. Sounds like thats what your husband should do too.

0 coins

How long did it take for your brother to start receiving benefits after filing for workers comp?

0 coins

It took about 3 weeks for the first payment to come through. The insurance company has 18 days to either approve or deny the claim. Once approved, payments started pretty quick.

0 coins

What state are you in? The rules vary a lot depending on location. If your in NY, workers comp is definitely the way to go for an on-the-job injury, but the process can be confusing af 🤦‍♀️

0 coins

Yes, we're in NY. Rochester area. I'm trying to figure out all these different systems and forms and it's overwhelming.

0 coins

Call the NYS Workers' Compensation Board at 877-632-4996. They have people who can guide you through the process. Much more helpful than trying to figure it out online!

0 coins

When you say the employer said "there is no work at the moment" - did they officially terminate him or just put him on some kind of hold? This makes a difference for his options.

0 coins

They didn't officially terminate him, just said they don't have work "right now" and to check back in a few months. So it's very unclear what his actual status is.

0 coins

That's actually good for workers comp purposes - better if he's still technically employed. But get everything in writing if possible. Text messages or emails work if you can't get actual letters.

0 coins

Unemployment is for when ur able to work but dont have a job. Disability is for when u have a job but cant work cuz of non-work injury. Workers comp is for when u get hurt AT work. Sounds like ur husband needs workers comp.

0 coins

The NY workers comp system is actually pretty decent once you get into it. My wife got hurt at work last year and once everything was processed properly, they covered everything. Just make sure you follow all the processes exactly and keep copies of EVERYTHING.

0 coins

If your husband's employer is giving you the runaround about work being available, and you suspect they just don't want to deal with his injury, consider talking to a workers comp attorney. Many offer free consultations and only charge if they win your case.

0 coins

Mei Liu

100% this. They might be trying to avoid an increase in their workers comp premiums by pretending they just don't have work available rather than dealing with the injury properly.

0 coins

I was in this EXACT situation in 2021. Get a workers comp attorney IMMEDIATELY. The employer is trying to avoid having the injury counted as work-related. Do not wait on this - many attorneys will take these cases with no upfront cost.

0 coins

Do you think we need an attorney right away? We haven't even filed the claim yet.

0 coins

YES. 1000% yes. The fact that they're already saying "no work available" instead of handling this as a work injury is a huge red flag. At minimum get a free consultation. Trust me, I learned this lesson the hard way.

0 coins

Listen to this advice OP. Same thing happened to my cousin. Employer tried to claim he just "wasn't needed anymore" rather than deal with his work injury. Attorney got him backpay + proper benefits.

0 coins

NY disability maxes out at $170/week which is nothing. Workers comp pays way better. Since the injury happened at work, that's your best option by far. Get the claim started immediately!

0 coins

Been through something similar and couldn't get ANYONE on the phone at either UI or workers comp. Finally used claimyr.com and got through to an actual person who helped. Worth checking out if you hit roadblocks with the phone systems.

0 coins

Thanks, I might need that. Already tried calling workers comp this morning and was on hold for over an hour before I had to hang up for a doctor appointment.

0 coins

NeonNova

Is he in a union? If so, he should contact his union rep immediately. They can often help navigate these situations much better than trying to figure it out alone.

0 coins

No, unfortunately it wasn't a union job.

0 coins

This is a classic workers' compensation case. I used to work for NYS labor department. Here's what he should do: 1) File a C-3 form with the Workers' Compensation Board 2) Make sure his doctor files a C-4 medical report 3) Notify his employer in writing about the injury if he hasn't already 4) Keep records of ALL communication with the employer 5) If the claim is denied or delayed, consider contacting a workers' comp attorney DO NOT apply for regular unemployment or disability yet - that could potentially complicate his workers' comp claim. Workers' comp should provide partial wage replacement while he recovers. If you need help reaching anyone by phone during this process (which can be frustrating), I've heard good things about claimyr.com for getting through the endless hold times.

0 coins

Thank you so much for this detailed advice! We're going to start the workers comp process today.

0 coins

Just want to emphasize that waiting even a few days can hurt your case. Report EVERYTHING immediately. The system is designed to make you slip up on deadlines.

0 coins

Former restaurant worker here - got a back injury lifting heavy trays. Your husband's situation is textbook workers comp. Don't let the employer convince you otherwise! They're trying to avoid the claim. Document everything and file ASAP.

0 coins

the whole system is such BS 🤬 employers get away with so much garbage. "no work right now" is their way of avoiding responsibility for a workplace injury. stick it to them and file for workers comp!

0 coins

Make sure your husband sees doctors who specifically ACCEPT workers comp cases. Not all do, and it can create huge problems if you see the wrong ones. Ask specifically when making appointments.

0 coins

That's really good to know - his primary care doctor referred him to a specialist, but I'm not sure if either of them take workers comp. Will call and check right away.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,506 users helped today