Can you file for unemployment if you are on workers compensation in New York?
I've been on workers comp for about 6 weeks now after injuring my back at the warehouse. My doctor says I can't return to my regular job duties yet but I might be able to do light work. My workers comp payments are way less than what I was making and I'm struggling to pay rent. Can I file for unemployment benefits while I'm still getting workers comp? I heard conflicting things from coworkers and want to make sure I don't mess anything up with NYS Department of Labor.
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Daniel White
You generally can't collect both workers comp and unemployment at the same time in New York. NYS Department of Labor considers you unavailable for work if you're receiving workers comp benefits. However, there might be some exceptions if your doctor clears you for light duty work and your employer doesn't have light duty available. You'd need to be actively seeking work that fits your restrictions.
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Abigail Patel
•That makes sense. My doctor did say I could do desk work or light assembly, just no heavy lifting. Should I contact NYS Department of Labor directly to ask about my specific situation?
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Nolan Carter
i was on workers comp last year and tried filing unemployment and they denied me immediately. said i wasnt available for work while getting comp benefits. might be different if your cleared for some type of work though
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Natalia Stone
The key factor is whether you're able and available for work. If your workers comp case involves total disability, you can't collect unemployment. But if you're cleared for modified or light duty work and your employer can't accommodate those restrictions, you might have options. You'll need medical documentation showing what work you can perform and proof that you're actively job searching within those limitations. The NYS Department of Labor will review your case individually.
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Tasia Synder
•This is exactly what happened to my brother. He was on workers comp but got cleared for light duty. His company couldn't accommodate him so he was able to file for unemployment while looking for jobs that matched his restrictions. Took forever to get through to someone at NYS Department of Labor though.
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Selena Bautista
•If you're having trouble reaching NYS Department of Labor by phone, you might want to check out claimyr.com - they help people get through to unemployment agents quickly. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. I used it when I had issues with my claim status and actually got through to someone the same day.
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Mohamed Anderson
Wait this is confusing me too because I thought workers comp was supposed to replace your wages? Why would you need unemployment on top of that? Seems like double dipping to me.
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Daniel White
•Workers comp typically only pays about 2/3 of your average weekly wage, so it's often much less than what you were earning. It's not double dipping if you're genuinely available for work within your medical restrictions and your employer can't accommodate you.
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