Can you get workers comp and unemployment benefits at the same time in NY?
I got injured at work last month and I'm receiving workers compensation payments, but they're only covering about 65% of my wages. My doctor says I won't be able to return to my job for at least 3 more months. A coworker mentioned I might be able to file for unemployment benefits too since I'm basically out of work. Is this true? Can you collect both workers comp and unemployment from NYS Department of Labor at the same time? I'm really struggling to pay my bills with just the workers comp payments.
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Lucy Taylor
Unfortunately, you generally cannot collect both workers compensation and unemployment benefits simultaneously in New York. When you're receiving workers comp, you're considered to have a job-related injury that prevents you from working, which means you're not 'able and available' for work - a key requirement for unemployment benefits. The NYS Department of Labor will typically deny UI claims if you're getting workers comp.
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Isaac Wright
•That's what I was afraid of. So there's no way around this? The workers comp isn't enough to live on.
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Connor Murphy
wait i thought you could get both? my neighbor was getting workers comp and unemployment last year
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Lucy Taylor
•Your neighbor might have been in a different situation. There are very rare exceptions, like if you're cleared to work light duty but your employer can't provide it. But in most cases, you can't collect both.
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KhalilStar
I went through this exact situation 2 years ago. You have to choose one or the other. However, here's what you can do - if your workers comp case gets settled or if your doctor clears you to return to work but your employer doesn't have a position for you, THEN you can apply for unemployment. Also, if you're on workers comp but cleared for light duty work and actively job searching for positions within your restrictions, you might have a case. But you'd need to call NYS Department of Labor to discuss your specific situation.
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Isaac Wright
•Thanks, that's helpful. My doctor might clear me for light duty in a few weeks. If my employer can't accommodate that, then I could potentially file for unemployment?
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KhalilStar
•Exactly! Once you're medically cleared for some type of work and actively seeking employment within your restrictions, you meet the 'able and available' requirement. Just make sure to document everything.
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Amelia Dietrich
This is so confusing and the NYS Department of Labor phone lines are impossible to get through to! I've been trying to call for weeks about a similar situation but just get busy signals or hung up on after waiting forever. There has to be a better way to reach someone who actually knows these rules.
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Kaiya Rivera
•I had the same problem trying to reach NYS Department of Labor agents. I ended up using a service called Claimyr (claimyr.com) that basically calls for you and gets you connected to an actual person. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of frustration and I finally got my questions answered about my claim status.
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Katherine Ziminski
been there done that - the system is set up to screw working people. workers comp barely covers anything and they make it impossible to get UI too. meanwhile the bills keep coming
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Noah Irving
•I feel you on this. It's like they want you to choose between being injured or being broke.
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