Can you get unemployment on workers comp NYS Department of Labor rules?

Unfortunately, you generally cannot receive both workers compensation and unemployment benefits at the same time in New York. NYS Department of Labor considers you unavailable for work while you're receiving workers comp, which is one of the basic requirements for UI eligibility. Workers comp assumes you're unable to work due to your injury, while unemployment requires that you be able and available for work.

yeah i tried this last year when i hurt my back at construction job and they denied my unemployment claim right away. the adjudication took like 2 weeks and they said i wasnt available for work because of the workers comp. sucks but thats how it works

There might be one scenario where this could work - if your doctor clears you for light duty work but your employer doesn't have light duty available, you might be able to argue you're available for other work. But this is really complicated and you'd probably need to talk to someone at NYS Department of Labor directly. I spent weeks trying to get through on the phone when I had a similar question. If you need to reach an actual agent, I ended up using claimyr.com - they helped me get through to someone who could explain my specific situation. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.

The whole system is set up to screw workers over! You get hurt on the job through no fault of your own and then you can't even get the full benefits you paid into. Meanwhile your employer probably fights the workers comp claim too. It's ridiculous that you have to choose between benefits when both are supposed to help injured workers.

One thing to keep in mind is that if your workers comp case gets resolved and you're still unable to return to your original job, you might then be eligible for unemployment benefits. Also, if your injury is permanent and affects your ability to do your old job, there might be vocational rehabilitation benefits available through workers comp that could help you train for new work. The timing of when you can apply for UI versus when workers comp ends is crucial.

I went through something similar when I injured my shoulder at my manufacturing job. You're right that you generally can't collect both at the same time, but there are a few things worth knowing. First, make sure you're getting the maximum workers comp rate - sometimes they calculate it wrong initially. Second, if your employer offers you modified duty that you can't physically do, document everything because that could potentially open the door to UI benefits later. Also, check if you qualify for any temporary assistance programs through DSS while you're waiting. The income gap between workers comp and your regular pay is brutal, I know. Keep all your medical documentation organized because you'll need it when transitioning between benefits systems.