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Diego Flores

Can you get unemployment after workers compensation ends in NY?

My workers comp just ended last month and I'm still not cleared to return to my old job as a warehouse supervisor. The doctors say I can do light duty work but my employer doesn't have any positions available for my restrictions. Can I file for unemployment benefits through NYS Department of Labor while I look for a new job that fits my physical limitations? I'm worried they'll deny me because I'm not able to do ALL types of work due to my injury.

Yes, you can absolutely file for unemployment benefits in this situation. The key is that you need to be able and available for work that exists within your physical restrictions. NYS Department of Labor doesn't require you to be able to do every job - just that you're actively seeking work you can physically perform. When you file your weekly claim, you'll mark that you're able to work and available, which in your case means available for light duty positions.

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Diego Flores

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That's such a relief to hear! Do I need to bring any documentation from my doctor about my work restrictions when I apply?

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Grace Durand

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Yes, you can potentially qualify for unemployment benefits after workers' comp ends. The key is that you need to be able and available for work, even if it's limited to light duty. When you file your claim with NYS Department of Labor, you'll need to indicate your work restrictions and show you're actively searching for jobs within those limitations. Make sure you have documentation from your doctor about what type of work you can perform.

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Thanks! Do I need to wait a certain period after workers' comp ends or can I file right away? And will they count my workers' comp payments when determining my weekly benefit amount?

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Sean Flanagan

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I went through this exact same thing 2 years ago after a back injury. You should definitely file right away because there's no waiting period if you're unemployed through no fault of your own. Make sure you keep records of all the jobs you apply for that match your restrictions - NYS Department of Labor requires 3 work search contacts per week. I focused on office jobs and customer service roles since I couldn't do heavy lifting anymore.

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Zara Mirza

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How did you handle the work search requirement? Did you have to explain your restrictions to every employer you contacted?

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Sean Flanagan

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I was upfront about it in my applications. Most employers appreciate the honesty and many have light duty positions available. Just document everything in your job search log.

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NebulaNinja

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wait so workers comp and unemployment can overlap?? i thought you could only get one or the other

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No, they can't overlap. You can only receive unemployment benefits AFTER your workers compensation benefits have ended, which is exactly what the original poster described. Once workers comp stops, if you're able to work within your restrictions and your employer can't accommodate you, then you can qualify for UI benefits.

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Steven Adams

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You can file immediately after workers' comp ends. The workers' comp payments won't count toward your unemployment benefit calculation - NYS Department of Labor uses your wages from before your injury. Just be prepared to document your job search efforts for positions that match your medical restrictions.

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Alice Fleming

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This is exactly what happened to me last year. Filed my UI claim the day after my comp ended and had no issues getting approved.

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Luca Russo

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I had a really hard time getting through to NYS Department of Labor when I needed to explain my situation with work restrictions. Kept getting disconnected or put on hold for hours. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could walk me through the process. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole thing so much easier than trying to call myself.

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Nia Wilson

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That sounds too good to be true... did it actually work for you?

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Luca Russo

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Yeah it did! I was skeptical too but I was desperate to talk to someone. Got connected within like 20 minutes instead of spending days trying to get through on my own.

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Mateo Sanchez

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The whole system is so confusing when you're dealing with injuries and work restrictions. I'm in a similar boat - finished physical therapy but still have lifting restrictions. Good to know there might be options.

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Hassan Khoury

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Wait, I thought if you couldn't do your old job you automatically get unemployment? I'm dealing with something similar and my case worker at workers comp said I should qualify for UI benefits no problem.

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Grace Durand

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Not automatically - you still have to meet the able and available requirements. But if you can do light duty work and are actively searching, you should be fine. The workers' comp case worker was probably referring to that scenario.

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The NYS Department of Labor phone system is impossible to get through if you have questions about this. I've been trying for weeks to talk to someone about my situation. Has anyone found a way to actually reach a human being there?

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Benjamin Kim

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I had the same problem until someone told me about Claimyr. It's a service that helps you get through to NYS Department of Labor agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.

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One thing to watch out for - make sure your employer doesn't contest your unemployment claim. Some companies will argue that you quit by not returning to work even if you physically can't do the job anymore.

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Miguel Ortiz

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I'm in a very similar situation right now - my workers comp ended 3 weeks ago and I'm still dealing with shoulder restrictions from a workplace injury. From what I've learned, the most important thing is to be completely honest about your limitations when you file. NYS Department of Labor actually has a section in their application where you can specify your work restrictions. I'd recommend getting a written statement from your doctor that clearly outlines what type of work you CAN do, not just what you can't do. This helps show you're genuinely available for suitable employment. Also, start keeping a detailed log of your job search activities focused on positions that match your restrictions - customer service, administrative work, etc. The 3 weekly job contacts requirement still applies even with limitations.

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CosmicCruiser

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This is really helpful advice! I'm just starting this process and wasn't sure how detailed I needed to be about my restrictions. Did you have any trouble getting approved, or was it pretty straightforward once you had all the documentation? I'm worried about getting denied and having to appeal.

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