Can you get unemployment if you are injured - NYS Department of Labor eligibility question
I hurt my back at work two months ago and have been on workers comp since then. My doctor says I might need surgery and could be out for several more months. A coworker told me I might be able to get unemployment benefits while I'm injured but I thought you had to be able and available to work? Can someone explain if NYS Department of Labor allows unemployment claims when you're injured? I'm getting worried about my finances since workers comp only covers part of my wages.
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Dmitry Popov
Unfortunately, you typically can't collect regular unemployment benefits if you're injured and unable to work. NYS Department of Labor requires that you be able and available for work to qualify for UI benefits. Since you're on workers compensation and your doctor hasn't cleared you to return to work, you wouldn't meet the able and available requirement. However, there might be some exceptions depending on your specific situation - like if you could do different types of work despite your injury.
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Sofia Ramirez
•That's what I was afraid of. So basically I'm stuck with just workers comp until I can work again? What if the surgery doesn't go well and I can't do my old job anymore?
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Ava Rodriguez
Actually there are some scenarios where you might qualify. If your doctor restricts you from your regular job but clears you for other types of work, you could potentially file for unemployment while looking for suitable employment within your restrictions. You'd need documentation from your doctor about what work you CAN do. The key is proving to NYS Department of Labor that you're able and available for some type of work, even if not your previous position.
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Miguel Ortiz
•This happened to my brother last year. He was cleared for light duty but his company didn't have any light duty positions available. He was able to get unemployment while searching for a new job that fit his restrictions.
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Zainab Khalil
I've been dealing with this exact situation and it's so confusing! I called the NYS Department of Labor three times and got different answers each time. One person said absolutely not, another said maybe if I have medical clearance for other work. Has anyone actually successfully gotten through to someone who knows what they're talking about? The phone lines are always busy and when I do get through they seem to give conflicting information.
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QuantumQuest
•I had the same problem trying to reach NYS Department of Labor about my claim status. A friend told me about this service called Claimyr that helps you get through to actual agents. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it last month and finally got clear answers about my eligibility instead of being hung up on or getting transferred around.
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Connor Murphy
ugh this whole system is such a mess... why can't they just give straight answers about when you can and can't get benefits?? I swear they make it confusing on purpose so people give up trying
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Yara Haddad
•For real! And then they wonder why people get frustrated with the whole process.
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Miguel Ortiz
The bottom line is that it really depends on your medical restrictions and what your doctor says you can do. If you're completely unable to work in any capacity, then no unemployment. But if you have limitations that prevent you from doing your old job while still being able to do other work, you might have a case. You'll need proper medical documentation though - NYS Department of Labor will want to see exactly what your work restrictions are.
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Donna Cline
@Sofia I'm sorry to hear about your back injury - that sounds really stressful with the potential surgery ahead. From what I understand, the key issue is whether you're considered "able and available" for work. Since you're on workers comp and haven't been cleared by your doctor, you likely won't qualify for regular unemployment benefits right now. However, I'd suggest getting clarity from your doctor about what types of work (if any) you could potentially do with your current restrictions. If there's any possibility of light duty or modified work, that could change your eligibility. Also, look into whether NYS has any disability programs that might bridge the gap while you're recovering. Hang in there!
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Dallas Villalobos
•@Donna exactly - the "able and available" requirement is the key here. @Sofia it might also be worth checking if you qualify for temporary disability benefits through the state while you're waiting to see what your work restrictions will be after potential surgery. I know someone who was in a similar situation and they were able to get some additional support through NY State Disability Insurance while transitioning between workers comp and potentially returning to work. The paperwork can be confusing but it's worth looking into all your options during this difficult time.
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