Can you file for unemployment while on workers comp - NYS Department of Labor question
I got hurt at my warehouse job back in October and have been receiving workers compensation payments since then. My claim is finally settling but I'm still not cleared to return to my old position due to lifting restrictions. My workers comp lawyer mentioned I might be able to file for unemployment benefits while I look for lighter duty work that fits my medical limitations. Has anyone dealt with this situation before? Can you actually file for NYS Department of Labor unemployment while still technically on a workers comp claim? I'm confused about whether this is allowed or if there are specific requirements I need to meet.
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Elijah Brown
Yes, you can potentially file for unemployment while on workers comp, but there are specific conditions you need to meet. The key is that you must be able and available for work within your medical restrictions. When you file your weekly claim certification, you'll need to honestly answer that you can work with limitations. Make sure you have documentation from your doctor about what type of work you can perform. The NYS Department of Labor will want to see that you're actively searching for jobs that match your current physical capabilities.
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Zoe Walker
•Thank you! So I need medical clearance for some type of work, not necessarily my old job? My doctor said I can do sedentary office work but nothing involving lifting over 10 pounds.
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Maria Gonzalez
I was in a similar situation last year after a back injury. The trick is being honest about your work search. I had to show I was looking for desk jobs and customer service positions that didn't require heavy lifting. Just make sure your workers comp payments don't push you over the income limits for unemployment. Sometimes the combination can affect your weekly benefit amount.
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Zoe Walker
•Did you have any issues with NYS Department of Labor questioning the workers comp situation? I'm worried they'll think I'm trying to double-dip or something.
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Maria Gonzalez
•No issues at all. I was upfront about everything when I filed. They actually asked about workers comp payments right in the application. Just be honest and keep good records of your job search activities.
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Natalie Chen
wait this doesnt sound right... if your getting workers comp money why would you need unemployment too? seems like gaming the system
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Elijah Brown
•It's not gaming the system - it's perfectly legal if you meet the requirements. Workers comp covers medical expenses and partial wage replacement for the injury, but if you're able to work in a different capacity and can't find employment, unemployment can help bridge that gap. The programs serve different purposes.
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Santiago Martinez
I had to deal with this exact situation when I couldn't get through to anyone at NYS Department of Labor to ask about my specific case. Calling their main number was useless - kept getting busy signals or hung up on after waiting for hours. Someone on here recommended using claimyr.com to actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was able to get connected to an agent who walked me through exactly what I needed to do with my workers comp situation. Made the whole process way less stressful than trying to figure it out on my own.
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Zoe Walker
•That sounds really helpful! I've been dreading trying to call them. How quickly were you able to get through to someone?
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Santiago Martinez
•Way faster than calling directly. The agent was able to look at my specific case and explain exactly how to handle the workers comp overlap. Definitely worth it when you need real answers instead of guessing.
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Samantha Johnson
The NYS Department of Labor website has information about this but it's buried in their FAQ section. The main thing is documenting that you're physically able to perform some type of work, even if it's not your previous job. Keep copies of all your medical reports and job applications to show you're making a good faith effort to find employment within your restrictions.
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Mia Alvarez
I went through this exact situation two years ago after a construction accident. The key thing to understand is that workers comp and unemployment serve different purposes - workers comp replaces wages you lost due to your injury, while unemployment helps when you're able to work but can't find suitable employment. You absolutely can collect both simultaneously as long as you're honest about your limitations and actively seeking work you can physically perform. Make sure to get a detailed work capacity evaluation from your doctor that specifies exactly what you can and cannot do. When you file your weekly certifications, be truthful about your restrictions and keep detailed records of every job you apply for. The NYS Department of Labor is actually pretty understanding about these situations once you explain your circumstances properly.
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Zainab Mahmoud
•This is really comprehensive advice! I'm curious about the work capacity evaluation - did you get that from your workers comp doctor or did you need to see someone separately? My workers comp doctor has been pretty limited in what they'll put in writing about what I can do, mostly just focusing on what I can't do.
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