Can you file unemployment while on workers comp in New York?
I've been on workers comp for a shoulder injury from my warehouse job for about 6 weeks now. My benefits are only covering part of what I was making and I'm struggling to pay bills. A coworker mentioned I might be able to file for unemployment benefits too but I'm not sure if that's allowed? Has anyone been in this situation before? I don't want to mess up my workers comp case but I really need the extra income right now.
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Ethan Clark
Unfortunately, you generally cannot collect both workers compensation and unemployment benefits at the same time in New York. The NYS Department of Labor considers workers comp recipients as not 'able and available' for work, which is a key requirement for UI benefits. Since you're receiving workers comp, you're essentially acknowledging that you cannot work due to your injury.
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Amelia Martinez
•That's what I was afraid of. So there's really no way to get both? My workers comp is only paying like 60% of my wages and it's not enough.
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Mila Walker
The above answer is correct - it's an either/or situation. However, once your workers comp case ends and you're cleared to return to work but your employer doesn't have a position for you, THEN you might be eligible for unemployment. Keep all your medical documentation because you'll need to prove you're able and available for work when you do apply.
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Amelia Martinez
•Good to know for later. Right now I'm just trying to figure out how to make ends meet on the reduced income.
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Logan Scott
•yeah this happened to my brother last year - workers comp ended but his company said no light duty available so he got unemployment then
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Chloe Green
Wait I'm confused about this whole thing. If someone gets hurt at work aren't they supposed to get their full pay?? This system seems really unfair to injured workers.
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Ethan Clark
•Workers compensation typically pays about 2/3 of your average weekly wage, not your full salary. It's designed to provide income support during recovery, but it's not meant to fully replace your wages. Different states have different formulas for calculating benefits.
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Lucas Adams
I had a similar situation trying to reach someone at NYS Department of Labor about this exact question. Spent hours calling and could never get through. Finally used a service called Claimyr that helped me connect with an actual agent. They have a website at claimyr.com and there's a demo video showing how it works at https://youtu.be/qyftW-mnTNI. The agent was able to clarify the rules about workers comp and unemployment for my specific case.
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Amelia Martinez
•Thanks for the suggestion! Did they charge you for the service? I'm already tight on money.
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Lucas Adams
•They do charge but it was worth it to get actual answers instead of just guessing. Way less stressful than trying to call for days.
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Harper Hill
this whole workers comp system is a JOKE! they make you jump through hoops and then barely give you enough to survive on. meanwhile the insurance companies are making bank off our injuries!
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Caden Nguyen
•I feel you on the frustration but complaining doesn't help solve the problem. The rules are what they are unfortunately.
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Ethan Taylor
@Amelia Martinez - I know this is a tough situation financially. While you can't collect both benefits simultaneously, you might want to look into other assistance programs that could help bridge the gap. SNAP benefits, local food banks, utility assistance programs, and temporary financial aid from community organizations might be options. Also, check if your workers comp includes vocational rehabilitation services - sometimes they can provide additional support or training while you recover. Don't give up, and make sure you're getting the full workers comp benefits you're entitled to.
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Alana Willis
•@Ethan Taylor This is really helpful advice! I hadn t'thought about looking into other assistance programs. Do you know if there are specific programs in New York that are good for people in my situation? I ve'been so focused on trying to figure out the workers comp/unemployment thing that I didn t'consider other options. The vocational rehab services sound interesting too - I ll'ask my case worker about that.
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Chloe Wilson
•@Ethan Taylor Great suggestions! For New York specifically, you can apply for SNAP food (stamps online) at mybenefits.ny.gov. For utility help, HEAP Home (Energy Assistance Program can) help with heating bills. 211 is also a great resource - just dial 2-1-1 from any phone and they ll'connect you with local assistance programs. Many counties have emergency rental assistance programs too. @Amelia Martinez don t be'afraid to reach out to these programs - they re there'to help people in exactly your situation.
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