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Collins Angel

Can you get NYS Department of Labor unemployment if your doctor says you can't work?

My situation is complicated and I'm not sure if I qualify for unemployment benefits. I was working full-time at a warehouse until last month when I injured my back lifting heavy boxes. My doctor put me on medical leave and said I shouldn't do any physical labor for at least 6-8 weeks, maybe longer depending on how I heal. My employer couldn't accommodate light duty work so they had to let me go. Now I'm wondering if I can file for unemployment with NYS Department of Labor since technically I'm not able and available for work due to medical reasons? Has anyone been in this situation before? I really need the income while I recover but don't want to file incorrectly.

Marcelle Drum

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This is a tricky situation because regular unemployment benefits require you to be able and available for work. However, you might still qualify if your doctor's restrictions don't prevent you from doing ALL types of work. When you file your weekly claim with NYS Department of Labor, you'll need to certify that you're able and available. If you can do sedentary work like office jobs, customer service, or data entry, you could potentially qualify. The key is whether you're actively seeking work within your medical limitations.

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Collins Angel

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That makes sense. My doctor said no lifting over 10 pounds but I could probably do desk work. Should I mention the medical restrictions when I file my initial claim?

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Tate Jensen

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i was in almost the exact same situation last year after a car accident. couldn't do my construction job but could still work other types of jobs. NYS Department of Labor approved my claim but I had to document that I was looking for work I could actually do with my restrictions. took about 3 weeks to get approved because they had to review my case

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Adaline Wong

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You need to be really careful here because if NYS Department of Labor finds out later that you weren't truly available for work, they could consider it fraud. I'd suggest calling them directly to explain your situation, but good luck getting through - the phone lines are always busy. I recently discovered a service called Claimyr (claimyr.com) that helps people get through to NYS Department of Labor agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out so you can get proper guidance on your specific medical situation.

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Collins Angel

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Thanks for the suggestion! I've been trying to call for days with no luck. Is this service legitimate?

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Gabriel Ruiz

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I used Claimyr a few months ago when I had issues with my adjudication and it actually worked. Got through to someone within a couple hours instead of spending weeks trying to call.

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The whole system is ridiculous if you ask me!!! Why should someone who gets hurt at work have to jump through all these hoops just to get basic support? You pay into unemployment insurance for years and then when you actually need it they make it impossible to qualify. The NYS Department of Labor rules are so outdated and don't account for real life situations like this.

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Peyton Clarke

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Wait, if you were injured at work shouldn't you be filing for workers compensation instead of unemployment? I'm confused about which one applies here.

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Marcelle Drum

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Good point - if it was a workplace injury, workers comp should be the primary option. However, workers comp and unemployment can sometimes both apply depending on the circumstances. The poster should definitely explore workers comp first since that's designed specifically for workplace injuries.

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Vince Eh

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Yeah this happened to my brother too! He hurt his shoulder at his job and couldn't do heavy lifting anymore but his company just laid him off instead of finding him different work. He ended up getting unemployment but had to prove he was looking for office jobs and stuff he could actually do with his injury. Took forever to get approved though.

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Santiago Diaz

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I went through something similar when I had surgery and couldn't return to my retail job that required standing for long periods. The key thing NYS Department of Labor looks at is whether you're "able and available" for SOME type of work, not necessarily your previous job. Since your doctor cleared you for non-physical work, you should be able to qualify. When you file, be honest about your restrictions but emphasize what you CAN do. Document your job search efforts for positions that fit your medical limitations - remote work, desk jobs, customer service roles, etc. Also definitely look into workers compensation since this was a workplace injury. You might be eligible for both depending on timing and circumstances. The approval process can take a while when there are medical restrictions involved, so file as soon as possible.

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This is really helpful advice, thank you! I hadn't thought about emphasizing what I CAN do rather than focusing on my restrictions. You're right that I should definitely pursue workers comp too since this was a workplace injury. Do you know if there's a time limit for filing workers comp claims? I'm worried I might have waited too long already since it's been about a month since the injury.

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