Can you file for unemployment if you are injured - NYS Department of Labor eligibility question
I got hurt at my construction job last month and my doctor says I can't work for at least 6-8 weeks. My employer says they can't hold my position that long and basically let me go. I'm getting workers comp but it's only covering part of my regular pay. Can I file for unemployment benefits with NYS Department of Labor while I'm injured? I'm confused because I keep reading conflicting info about being 'able and available for work' when you're on medical leave. Has anyone dealt with this situation before?
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Sofia Martinez
This is actually more complex than most people realize. The key issue is that NYS Department of Labor requires you to be 'able and available' for work to receive UI benefits. If your doctor has cleared you for ANY type of work (even light duty or different work than your previous job), you might still qualify. You'd need medical documentation showing what work restrictions you have, if any. Also, being terminated while injured could potentially strengthen your unemployment claim since the separation wasn't voluntary.
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Dylan Mitchell
•That's helpful - my doctor did say I could do desk work or anything that doesn't involve heavy lifting. Would I need to prove I'm looking for that type of work specifically?
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Dmitry Volkov
i think you cant get unemployment and workers comp at the same time??? thats double dipping isnt it
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Ava Thompson
•Actually that's not correct. Workers compensation and unemployment serve different purposes. Workers comp covers medical expenses and partial wage replacement for work-related injuries. Unemployment covers wage replacement when you lose your job. You can potentially receive both if you meet the eligibility requirements for each program, though there may be some coordination of benefits.
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CyberSiren
I went through something similar last year when I got injured on my warehouse job. The NYS Department of Labor adjudication process took forever because they had to verify my medical situation and work availability. I had to get multiple doctor's notes explaining exactly what I could and couldn't do. Eventually got approved but it was like 5 weeks of waiting.
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Dylan Mitchell
•5 weeks?? That's crazy. Did you have to keep filing weekly claims during that whole time even though it wasn't approved yet?
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CyberSiren
•Yeah you have to keep filing the weekly claims or you lose your place in line basically. Super frustrating but that's how it works.
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Miguel Alvarez
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was really helpful for getting answers about complex eligibility questions like yours where the online info isn't clear enough.
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Zainab Yusuf
•How much does something like that cost? I'm already tight on money with the reduced workers comp payments.
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Miguel Alvarez
•It's definitely worth checking out their site for the details. For me the value was huge since I was spinning my wheels for weeks trying to get answers on my own.
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Connor O'Reilly
The whole system is set up to deny people benefits honestly. They'll find any excuse to say you're not eligible. Being injured just gives them another reason to reject your claim.
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Sofia Martinez
•While the process can be frustrating, there are legitimate pathways for injured workers to receive unemployment benefits. The key is having proper documentation and understanding the specific requirements. Don't let cynicism prevent you from pursuing benefits you may be entitled to.
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Ali Anderson
I'm dealing with a similar situation right now - hurt my back at my retail job and was told I can do light duty work but my employer couldn't accommodate it so they terminated me. I called the NYS Department of Labor and they told me that as long as you can perform SOME type of work (even if it's different from your previous job), you can potentially qualify for UI benefits. The tricky part is you have to actively search for work that fits your medical restrictions and document those job search efforts. They also said to make sure your doctor's note is very specific about what you CAN do, not just what you can't do. Hope this helps!
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