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.
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Connor Richards
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
•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
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
•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
•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
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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Connor Richards
•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
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
•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
just file and see what happens, worst they can do is say no
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Victoria Stark
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
•Yeah that's what I'm worried about. Maybe I should wait until I'm fully healed before filing?
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Connor Richards
•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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AstroAce
•@Connor Richards is absolutely right - file as soon as possible! I learned this the hard way when I delayed filing after a car accident left me with limited mobility. You lose out on benefits for every week you don t'file, even if you re'eventually approved. The key is being honest about your restrictions while clearly documenting what work you CAN do. Get a detailed letter from your doctor specifying your limitations and abilities. For desk jobs, emphasize skills like computer work, phone duties, administrative tasks, etc. NYS Department of Labor wants to see you re'genuinely seeking appropriate work within your restrictions.
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