Can you collect unemployment if you get hurt outside of work - NYS Department of Labor eligibility question
I'm dealing with a really confusing situation and hoping someone here can help. Three weeks ago I injured my back in a car accident (wasn't work related at all, just bad luck on my way to the grocery store). My doctor says I can't do my warehouse job for at least 2-3 months because of lifting restrictions. My employer had to let me go since they don't have any light duty positions available. I've been trying to figure out if I can file for unemployment benefits through NYS Department of Labor since this wasn't a work injury. I know workers comp doesn't apply here, but I'm not sure about regular UI benefits. Has anyone been in a similar situation? I really need the income while I recover.
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Alice Pierce
Yes, you can potentially collect unemployment benefits in this situation. The key is that you lost your job through no fault of your own, which sounds like your case. When you file with NYS Department of Labor, you'll need to certify that you're able and available for work each week. This might be tricky with your injury - you'll need to be honest about your physical limitations but also show you're actively seeking work you can perform within those restrictions.
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Amy Fleming
•That makes sense about the able and available part. I can definitely do desk work or phone-based jobs with my current restrictions. Should I mention the injury when I file my initial claim?
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Esteban Tate
I had something similar happen to me last year - broke my wrist in a skiing accident and couldn't do my construction job. NYS Department of Labor approved my claim because I was still able to look for and accept office work or other jobs that didn't require heavy lifting. The important thing is documenting your job search activities and being able to show you're genuinely looking for work within your medical restrictions. Keep all your medical paperwork too.
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Ivanna St. Pierre
•How long did your claim take to get approved? I'm worried they might think I'm just trying to avoid working.
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Esteban Tate
•It took about 3 weeks total, but I think that was pretty normal processing time. They didn't give me any trouble about the medical restrictions as long as I was applying for appropriate jobs.
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Elin Robinson
This is where trying to reach someone at NYS Department of Labor can be really helpful but also super frustrating. I spent weeks trying to get through on the phone lines to ask about a similar situation. Finally found out about this service called Claimyr (claimyr.com) that basically gets you connected to an actual agent without the endless hold times. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made a huge difference for me when I needed to clarify my eligibility status.
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Amy Fleming
•That sounds really useful, thanks for sharing! The phone lines have been impossible every time I've tried calling.
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Atticus Domingo
The NYS Department of Labor system is so confusing about this stuff... like they want you to be available for work but then what if you literally can't do certain types of work because of medical reasons?? It seems like they should have clearer guidelines about temporary disabilities vs permanent ones.
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Alice Pierce
•The guideline is actually pretty clear - you need to be able and available for SOME type of work, not necessarily your previous job. As long as there are jobs in the market you could physically perform, you can qualify for benefits.
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Beth Ford
yeah my cousin had this exact thing happen, got hurt playing basketball and couldn't do his delivery job anymore. Got unemployment no problem as long as he kept applying for desk jobs and stuff he could actually do.
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Jacob Lewis
I went through something similar when I had surgery on my shoulder and couldn't do my retail job that required heavy lifting. The NYS Department of Labor approved my claim because I was honest about my restrictions and actively applied for jobs I could physically handle - mostly customer service and administrative positions. The key is being upfront about your limitations during the weekly certifications and keeping detailed records of your job search activities. Make sure to get a letter from your doctor clearly stating what type of work you can and cannot do - this helped me a lot when they reviewed my case. Also, don't wait to file - you can receive benefits as long as you're genuinely looking for work within your medical restrictions.
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Isaac Wright
•This is really helpful advice, thank you! Getting a detailed letter from my doctor sounds like a smart move. Did you have any issues with the weekly certifications when you had to check the "able and available" boxes? I'm worried about how to answer those honestly while still having physical restrictions.
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