Can you collect unemployment after workers comp settlement in NYS?
I just finished my workers compensation case last month and got a settlement for my back injury. Now I'm looking for work but having trouble finding something that fits my physical restrictions. Can I file for NYS Department of Labor unemployment benefits while I'm job searching? I'm worried they might deny me because of the workers comp situation or think I can't work. Has anyone been in this situation before?
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Collins Angel
Yes, you can absolutely file for unemployment after workers comp! The key is that you need to be able and available for work within your physical restrictions. When you file your claim with NYS Department of Labor, you'll need to indicate any work limitations on your application. As long as there are jobs you can perform with your restrictions, you should qualify.
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Avery Davis
•That's a relief! Do I need to provide documentation about my restrictions when I file the claim?
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Marcelle Drum
I went through this exact situation 2 years ago. Filed my UI claim right after my comp case closed. Just make sure when you do your weekly claims that you're actively looking for work that matches your abilities. Keep a good job search log because they might ask for it during adjudication.
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Tate Jensen
•How long did your adjudication take? I'm worried mine will get stuck because of the comp connection.
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Marcelle Drum
•Mine took about 3 weeks. They wanted to verify I was actually available for work and not just collecting benefits. Had to send in a letter from my doctor explaining what I could and couldn't do.
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Adaline Wong
this is tricky territory... i think there might be issues if you got a big settlement because that could affect your eligibility somehow?? not sure about the rules but definitely check first
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Collins Angel
•The settlement amount doesn't typically affect unemployment eligibility as long as you're genuinely seeking work. Workers comp settlements are for past medical expenses and disability, not future earnings.
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Gabriel Ruiz
If you're having trouble getting through to NYS Department of Labor to ask questions about your specific situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Super helpful when I needed to clarify my eligibility after a work injury.
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Misterclamation Skyblue
•Never heard of that before but sounds useful. The NYS Department of Labor phone lines are impossible to get through on.
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Peyton Clarke
The NYS Department of Labor website has a section about work limitations. You definitely need to be honest about your restrictions but as long as you can do SOME type of work, you should be fine. Don't let them scare you into thinking you're not eligible.
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Tate Jensen
I'm in a similar boat right now actually. My comp case just finished last week and I'm nervous about applying for unemployment. Reading these responses is making me feel better about it though!
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