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Sean Flanagan

Can you collect unemployment if you are on light duty from work injury?

I hurt my back at my warehouse job about 6 weeks ago and my doctor put me on light duty - no lifting over 20 pounds, no bending, stuff like that. My employer says they don't have any light duty positions available right now and sent me home without pay. I'm getting workers comp but it's only covering about 60% of my regular wages. Can I file for unemployment benefits to make up the difference? I'm still technically employed but not working or getting my full pay. Has anyone dealt with this situation with NYS Department of Labor before?

Zara Shah

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This is actually a tricky situation with unemployment eligibility. Generally, you can't collect regular UI benefits if you're still employed, even if you're not working due to light duty restrictions. However, there are some exceptions. You'd need to show that you're able and available for work within your restrictions and that your employer doesn't have suitable work available. The key is whether you're considered 'totally unemployed' or 'partially unemployed' under NYS Department of Labor rules.

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Sean Flanagan

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So would I need to prove that I'm actively looking for other work that fits my restrictions? That seems difficult while I'm still technically employed.

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NebulaNomad

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i was on light duty for 3 months last year after knee surgery, my company had me doing desk work so i couldn't file for unemployment. but if they dont have light duty work for you that might be different?? not sure about the rules when workers comp is involved though

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Luca Ferrari

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You'll need to contact NYS Department of Labor directly about this because workers compensation and unemployment benefits have complex interactions. Document everything - your doctor's restrictions, your employer's statement that no light duty work is available, and all communications. If you do apply, be completely honest about your work restrictions and workers comp status. The adjudication process will determine if you meet the 'able and available' requirement.

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Nia Wilson

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Good luck trying to get through to NYS Department of Labor on the phone though. I've been trying for weeks about my claim status and can never get through. The hold times are insane and then they just hang up on you.

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If you're having trouble reaching NYS Department of Labor by phone, I had success using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. It was super helpful for getting my adjudication issue resolved when I couldn't reach anyone myself.

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Aisha Hussain

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This whole system is so confusing! Why can't they just have clear answers for these situations? I'm dealing with something similar but with FMLA instead of workers comp and nobody can give me a straight answer about whether I can file.

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Zara Shah

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Each situation is really fact-specific, which is why they need to do individual determinations. The interaction between different benefit programs makes it complicated, but that's also why it's important to apply if you think you might qualify.

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Ethan Clark

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Just apply and see what happens. Worst case they deny you but at least you'll know for sure. Make sure you mention the light duty restrictions and that your employer has no suitable work available when you file.

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Yara Nassar

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I went through something similar about two years ago when I was on light duty after a shoulder injury. The NYS Department of Labor told me that you can potentially qualify for partial unemployment benefits if your employer can't accommodate your work restrictions, even if you're still technically employed. The key factors they look at are: 1) whether you're able to work within your medical restrictions, 2) whether your employer has suitable light duty work available, and 3) your reduction in hours/wages. Since you're only getting 60% from workers comp and no wages, you should definitely apply. Just be upfront about everything - your restrictions, the workers comp payments, and that your employer said no light duty positions are available. They'll make the determination based on your specific situation.

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Amara Okafor

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This is really helpful information! Did you have to provide any specific documentation from your doctor about your work restrictions when you applied? I have my light duty paperwork from my doctor but I'm wondering if there's anything else I should gather before filing my claim.

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