Can you receive workers comp and unemployment at the same time in NYS?
My husband got injured at his construction job 6 weeks ago and has been getting workers compensation payments. But now his doctor says he might be out for another 3-4 months and the workers comp isn't covering all our expenses. Can he file for unemployment benefits through NYS Department of Labor while still getting workers comp? I'm really confused about whether this is allowed or if it would cause problems with either benefit. Has anyone been in this situation before?
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Emily Sanjay
Generally speaking, you cannot collect both workers compensation and unemployment benefits at the same time in New York. The key issue is that to be eligible for unemployment through NYS Department of Labor, you must be able and available for work. If your husband is receiving workers comp, it means he's medically unable to work due to his injury. These two statuses are contradictory - you can't be both unable to work (workers comp) and able/available for work (unemployment) simultaneously.
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Sebastian Scott
•That makes sense but what if he's partially recovered? Like maybe he could do light duty work but his employer doesn't have anything available?
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Jordan Walker
this is such a frustrating situation!! my brother went through something similar last year with a back injury and the workers comp barely covered anything. he tried to apply for unemployment but NYS Department of Labor denied him because he was still on workers comp. the system really doesn't help working families at all
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Natalie Adams
•I understand the frustration, but there are good reasons for these rules. If someone could collect both, it could create incentives to stay out of work longer than medically necessary. The benefits are designed for different situations - workers comp for work-related injuries, unemployment for job loss.
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Elijah O'Reilly
Wait, I thought there were some exceptions? Like if you're on light duty restrictions but your employer can't accommodate them? I feel like I read something about that somewhere but I can't remember the details.
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Emily Sanjay
•You're thinking of a very specific scenario. If someone is medically cleared to return to work with restrictions, but their employer cannot accommodate those restrictions, there might be a narrow window where they could potentially qualify for unemployment. However, this would require being officially released from workers comp first and having medical documentation showing ability to work with restrictions.
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Sebastian Scott
•This is getting complicated. Should we talk to a lawyer or is there someone at NYS Department of Labor who could explain our specific situation?
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Amara Torres
I had a really hard time getting through to NYS Department of Labor when I needed to discuss a complex situation like this. The phone lines are always busy and when you do get through, sometimes the representatives give different answers. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual NYS Department of Labor agent without waiting on hold for hours. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. For something this important where you need definitive answers about your specific circumstances, it might be worth getting official guidance directly from NYS Department of Labor.
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Olivia Van-Cleve
•How much does that service cost? We're already strapped for cash with the reduced workers comp payments.
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Amara Torres
•I found it worth it for the peace of mind of getting accurate information quickly, especially when dealing with something that could affect your benefits. But definitely check out their site to see if it makes sense for your situation.
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Mason Kaczka
just wanted to say I hope your husband heals up quickly. construction injuries can be really serious and it sounds like you're dealing with a lot of stress right now.
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Sebastian Scott
•Thank you, that's really kind. It's been a tough few months but we're managing.
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