Can you get unemployment while on workers comp - NYS Department of Labor rules?
I'm really confused about this situation. I've been on workers comp for a shoulder injury from my warehouse job for about 6 weeks now. My employer says they can't bring me back until I'm cleared by the doctor, but workers comp payments are only covering about 60% of my wages and I'm struggling to pay my bills. A friend told me I might be able to file for unemployment benefits while I'm on workers comp but I'm not sure if that's allowed under NYS Department of Labor rules. Has anyone dealt with this before? I don't want to mess up either benefit by filing incorrectly.
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Ravi Kapoor
Unfortunately, you generally cannot receive unemployment benefits while receiving workers compensation benefits in New York. The NYS Department of Labor considers workers comp payments as wages, which makes you ineligible for UI benefits. You have to be able and available for work to qualify for unemployment, and being on workers comp usually means you're unable to work due to your injury.
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Isabella Oliveira
•That's what I was afraid of. So there's no way around this? I'm really struggling financially with just the workers comp payments.
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Freya Larsen
wait I thought you could get both?? my cousin was getting workers comp AND unemployment last year when his back got messed up at the construction site
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Ravi Kapoor
•Your cousin may have been in a different situation. Sometimes people transition from workers comp to unemployment if their case gets settled or if they're cleared to return to work but their employer doesn't have a position available. But you can't typically collect both simultaneously.
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GalacticGladiator
There might be some exceptions depending on your specific circumstances. If your workers comp case gets denied or if you're cleared for light duty work but your employer can't accommodate that, you might be eligible for unemployment. The key is that you need to be able and available for some type of work. I'd suggest calling the NYS Department of Labor directly to discuss your situation, but good luck getting through - their phone lines are always jammed.
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Omar Zaki
•Getting through to NYS Department of Labor by phone is impossible! I tried calling for weeks about my own claim issues. I ended up using a service called Claimyr (claimyr.com) that actually got me connected to an agent within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak to someone about your specific workers comp and unemployment question.
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Chloe Taylor
The system is so messed up! Workers comp barely covers anything and then they tell you that you can't get unemployment either. How are people supposed to survive? I was in a similar situation two years ago and ended up having to borrow money from family just to keep my apartment.
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Isabella Oliveira
•Exactly! It feels like you're stuck between a rock and a hard place. The workers comp payments aren't enough to live on but they disqualify you from other help.
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Diego Flores
One thing to consider - if your doctor clears you for light duty or restricted work and your employer can't accommodate those restrictions, that might change your eligibility. At that point you could potentially file for unemployment since you'd be able and available for work that matches your restrictions. But definitely get clarification from NYS Department of Labor before filing anything.
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Isabella Oliveira
•That's a good point. I have another doctor's appointment next week so I'll ask about light duty options. Maybe there's a path forward if my restrictions allow for some type of work.
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