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Zoe Wang

Can you collect unemployment if you are injured off the job - NYS Department of Labor eligibility question

I hurt my back in a skiing accident last month and my doctor says I can't do my warehouse job for at least 8 weeks. My employer had to let me go since they couldn't hold the position that long. I'm wondering if I can collect unemployment benefits while I recover? The injury wasn't work-related so no workers comp. Has anyone dealt with this situation with NYS Department of Labor? I'm able to look for desk jobs but obviously can't do physical labor right now.

Yes, you can potentially collect unemployment even with a non-work injury, but there are specific requirements. You need to be able and available for some type of work that accommodates your restrictions. Since you mentioned you can do desk jobs, that's good. When you file your claim, be honest about your limitations but emphasize what work you CAN do. NYS Department of Labor will evaluate if there are suitable jobs available in your area that match your current abilities.

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Zoe Wang

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Thanks! So I should mention the desk job thing when I file? I'm worried they'll just deny me outright if I mention any injury.

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Grace Durand

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I went through something similar when I broke my wrist. The key is proving you're available for SOME work, not just your old job. I had to provide a doctor's note explaining my restrictions and what I could still do. It took a few weeks to get approved but I did get benefits while I looked for office work.

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Zoe Wang

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Did you have to keep certifying weekly that you were looking for work? How did that work with the injury restrictions?

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Grace Durand

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Yes, still had to do the weekly certifications and job search requirements. I just limited my searches to jobs I could actually do with one hand. NYS Department of Labor was understanding as long as I was genuinely looking.

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Steven Adams

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Wait, I thought if you couldn't do your regular job you automatically don't qualify? This is confusing. My friend said they denied him when he had a shoulder injury.

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It depends on the specific circumstances and how well you document your ability to do other work. Some people get denied initially but win on appeal if they can prove they're available for suitable employment.

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Alice Fleming

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Getting through to NYS Department of Labor to ask questions about this stuff is nearly impossible with their phone lines always busy. If you need to talk to someone about your specific situation, I had luck using a service called Claimyr (claimyr.com) that helps you actually reach an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was worth it to get real answers instead of guessing.

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Zoe Wang

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Never heard of that but might be worth checking out. I've been trying to call for days with no luck.

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Hassan Khoury

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just file and see what happens, worst they can do is say no

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The able and available requirement is really strict though. I've seen people get disqualified for way less. You better have a solid plan for what types of jobs you can actually do and be ready to prove you're actively searching for them. NYS Department of Labor doesn't mess around with this stuff.

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Zoe Wang

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Yeah that's what I'm worried about. Maybe I should wait until I'm fully healed before filing?

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Don't wait! You can't get benefits for weeks you don't file. If you're denied, you can always appeal with better documentation.

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Aaron Boston

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I was in a similar situation with a back injury from a car accident. The key thing is getting a detailed doctor's note that specifies exactly what you CAN do, not just what you can't. My doctor wrote that I could do "sedentary work with no lifting over 10 pounds" and that helped a lot. Also, start applying for desk jobs immediately and keep records of your applications - NYS Department of Labor wants to see you're genuinely seeking work within your restrictions. It took about 3 weeks to get approved, but I did receive benefits while recovering. Don't let the injury stop you from filing right away.

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Luca Ferrari

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This is really helpful advice! I hadn't thought about getting such a specific doctor's note. When you say "sedentary work with no lifting over 10 pounds" - did you have to bring that note when you filed your claim or did they ask for it later during the review process? I want to make sure I have everything ready before I submit my application.

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Miguel Silva

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I brought the doctor's note with me when I filed initially, but they actually requested a more detailed one about 2 weeks later during their review. Having it upfront definitely helped speed things up though. Make sure your doctor includes specific work restrictions AND what you're capable of doing - that balance is crucial for showing you're "able and available" for suitable work.

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I actually had a very similar situation a few years back - herniated disc from a hiking accident that kept me out of my construction job for 10 weeks. The process was definitely stressful, but I did end up getting benefits. The most important thing is being completely transparent about your limitations while emphasizing what you CAN still do. I had to submit medical documentation every few weeks showing my progress, and I kept detailed records of every office job I applied to. NYS Department of Labor was actually pretty reasonable once they understood I was genuinely looking for work within my physical restrictions. Start your claim ASAP though - there's a waiting period and you can't get retroactive benefits for weeks you don't file. Good luck with your recovery!

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through something so similar. I'm definitely going to file ASAP - I keep hearing that from everyone here. Quick question though - when you say you had to submit medical documentation every few weeks, was that something they specifically requested or did you do that proactively? I want to make sure I stay ahead of any requirements they might have.

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I had a similar experience after a motorcycle accident left me unable to do my electrician job for 12 weeks. The biggest thing that helped me was creating a comprehensive job search strategy focused on what I COULD do - I applied for dispatcher positions, customer service roles, and administrative work in my field. NYS Department of Labor approved my claim because I demonstrated I was actively seeking suitable employment. Pro tip: when you file, don't just say "I can do desk work" - be specific about job titles and industries you're targeting. I kept a spreadsheet of applications and included it with my weekly certifications. Also, consider reaching out to temp agencies that specialize in office work - they often have short-term positions that work well while you're recovering. The whole process took about 4 weeks from filing to first payment, but having that documentation ready made all the difference.

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This is exactly the kind of detailed guidance I was hoping to find! The spreadsheet idea is brilliant - I never would have thought to include that with my weekly certifications. I'm going to start putting together a list of specific job titles and temp agencies in my area right now. Your point about being specific rather than just saying "desk work" makes total sense. I'm wondering though - did you find that temp agencies were understanding about the temporary nature of your restrictions, or did you have to explain that you'd eventually be able to return to your regular field? I want to be upfront about my situation but also don't want to hurt my chances of getting placed.

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