Can you apply for unemployment after workers comp settlement - NYS Department of Labor eligibility question
I just received my workers compensation settlement check last week after being out of work for 8 months due to a back injury. The settlement was for $42,000 and now I'm cleared to return to work but my old job was filled. I'm wondering if I can file for unemployment benefits with NYS Department of Labor now that my workers comp case is closed? I'm able and available to work according to my doctor but I'm not sure if the settlement affects my eligibility. Has anyone been in this situation before?
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Norah Quay
Yes, you can typically apply for unemployment after your workers comp settlement if you're able and available for work. The key factors NYS Department of Labor looks at are whether you're physically capable of working and actively seeking employment. The settlement itself usually doesn't disqualify you, but you'll need medical clearance documentation showing you can work.
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Kelsey Chin
•Thanks! I do have the medical clearance from my doctor. Do I need to report the settlement amount when I file my claim?
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Leo McDonald
i think theres some waiting period or something? my cousin had workers comp and couldnt get UI right away but that was like 3 years ago so maybe things changed
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Jessica Nolan
•There's no automatic waiting period for workers comp settlements in NY. The main requirement is being able and available for work. If you're medically cleared and actively job searching, you should be eligible to file.
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Angelina Farar
I was in almost the exact same situation last year! Got a workers comp settlement for a shoulder injury and then applied for unemployment when I couldn't return to my old position. NYS Department of Labor approved my claim without any issues. Just make sure you have all your medical documentation ready and be honest about the settlement on your application.
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Kelsey Chin
•That's really reassuring to hear! Did you have to provide the settlement paperwork to NYS Department of Labor or just mention it?
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Angelina Farar
•I mentioned it on the application but they never asked for the actual settlement documents. They were more interested in my medical clearance and work search efforts.
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Sebastián Stevens
One thing to watch out for - if your settlement included any portion for lost wages that covers future periods, that might affect your benefit calculation. Most settlements are for medical expenses and past lost wages though. The adjudication process might take a bit longer since they'll want to review your workers comp case details.
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Kelsey Chin
•My settlement was mainly for medical bills and pain/suffering, not future wages. Should I still expect a longer adjudication period?
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Sebastián Stevens
•Probably just the standard timeframe then. NYS Department of Labor is pretty efficient with straightforward cases where there's clear medical clearance.
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Jessica Nolan
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr recently that helped me reach an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I had questions about my claim status that the website couldn't answer.
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Leo McDonald
•how much does that cost? calling NYS Department of Labor is such a nightmare
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Jessica Nolan
•It's worth it when you need to actually talk to someone. Way better than sitting on hold for hours and getting disconnected.
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Bethany Groves
Good luck with everything! The transition from workers comp back to job searching can be stressful but at least you have the settlement to help while you look for work.
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Savannah Vin
I went through something similar about 6 months ago with a knee injury workers comp case. The most important thing is having that medical clearance documentation ready - NYS Department of Labor will definitely want to see that you're physically able to work. Also, when you file online, there's a specific section about workers comp benefits where you'll need to be upfront about the settlement. They mainly care about whether any part of the settlement covers future wage loss (which it sounds like yours doesn't). The whole process took about 3 weeks for me to get approved. Make sure you start your work search activities right away since they'll ask for proof of job hunting efforts. Best of luck!
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Mikayla Davison
•This is really helpful, thank you! I'm glad to hear the process went smoothly for you. I've already started looking at job postings online and have a few applications ready to submit. It's good to know that 3 weeks is a reasonable timeframe to expect. I was worried it might take much longer given that workers comp was involved. Did you have to provide any specific documentation about your settlement beyond just mentioning it in the application?
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Asher Levin
•@Savannah Vin They didn t'ask for the actual settlement paperwork during my application, but I did keep copies ready just in case. They were more focused on the medical clearance and making sure I understood the work search requirements. Since you re'already preparing job applications, you should be in good shape! The key is being proactive with documenting your job search efforts from day one.
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