Can you file for unemployment while waiting for workers comp decision from NYS Department of Labor?
I got hurt at my construction job back in December and had to stop working completely. My workers comp claim is still being reviewed and I haven't gotten any payments yet - it's been almost 6 weeks now. My supervisor said I can't return to work until I'm cleared by the doctor, but workers comp is taking forever to approve anything. Can I file for regular unemployment benefits through NYS Department of Labor while I'm waiting for the workers comp to get sorted out? I'm really struggling financially and don't know what my options are. Has anyone been in a similar situation?
11 comments
Join the conversation
Douglas Foster
You generally cannot collect both workers compensation and unemployment benefits at the same time in New York. The key issue is that to be eligible for UI benefits, you must be able and available for work. If you're unable to work due to a work-related injury, you wouldn't meet the able and available requirement. However, if you're medically cleared to work but your employer won't let you return, that could be a different situation.
0 coins
Haley Bennett
•So if my doctor clears me for light duty but my employer says they don't have light duty work available, would that change things? I'm able to do some types of work, just not my regular heavy construction job.
0 coins
Nina Chan
this is tricky because workers comp and UI have different eligibility rules. i think you need to be really careful about how you answer the weekly claim questions if you do file for unemployment
0 coins
Ruby Knight
The situation depends on your specific medical status and work restrictions. If you're temporarily totally disabled and waiting for workers comp approval, you typically wouldn't qualify for UI because you can't meet the work search requirements. But if you're partially disabled and can perform other types of work, you might be eligible for UI benefits. You should contact NYS Department of Labor directly to discuss your specific circumstances. There's also the issue of potential overpayment if you receive both benefits for the same period.
0 coins
Haley Bennett
•Thanks, that makes sense. I think I need to wait until I have a clearer picture of my medical restrictions before filing anything. Don't want to create problems later.
0 coins
Diego Castillo
I had a similar situation last year when I couldn't get through to anyone at NYS Department of Labor about this exact question. The phone lines are always busy and it took weeks to get answers. I ended up using a service called Claimyr (claimyr.com) that helped me connect with an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Finally got the clarification I needed about filing while on workers comp.
0 coins
Logan Stewart
•How much does that cost? I'm already broke waiting for workers comp to pay out
0 coins
Diego Castillo
•It was worth it for me to get definitive answers instead of guessing and potentially messing up my benefits. The peace of mind was valuable.
0 coins
Mikayla Brown
My brother went through something similar with a back injury. He made the mistake of filing for both and ended up having to pay back unemployment benefits later. The state considers it an overpayment if you're receiving workers comp for the same time period. Really complicated situation.
0 coins
Sean Matthews
yeah this stuff is so confusing!! why can't they make the rules clearer? seems like you're stuck between a rock and a hard place when you're injured
0 coins
Aisha Abdullah
I went through this exact situation about 8 months ago after a workplace injury. The key thing I learned is that you need to be very honest about your work restrictions when filing for UI. I was cleared for sedentary work but couldn't do my regular job, so I was able to qualify for unemployment while my workers comp case was pending. However, you have to actively search for work you CAN do within your restrictions and report that in your weekly certifications. I'd strongly recommend calling the Department of Labor before filing anything - yes the wait times are terrible, but getting it wrong can create a huge mess later. Also document everything your doctor says about what work you can and can't do.
0 coins