Confused about how unemployment insurance and workers compensation alike - are they related?
I'm trying to understand the difference between unemployment benefits and workers comp because I think I might qualify for both? I got hurt at my construction job last month and had to stop working. My supervisor said I should file for workers comp but my neighbor told me I should also look into unemployment insurance since I'm not working. Are unemployment insurance and workers compensation alike in any way? Can I get both at the same time through NYS Department of Labor? I'm really confused about how these programs work together.
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Zara Malik
These are two completely different programs with different purposes. Workers compensation covers medical expenses and partial wage replacement when you're injured on the job. Unemployment insurance through NYS Department of Labor is for people who are able and available to work but can't find employment. If you're on workers comp, you typically can't collect UI because you're not considered available for work due to your injury.
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Sean Kelly
•So I can't get both? That doesn't seem fair since I'm not earning any money right now.
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Luca Greco
yeah i was on workers comp for 6 months after i hurt my back and couldnt file for unemployment at the same time, they told me i wasnt available for work
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Nia Thompson
There might be some exceptions depending on your specific situation. If your workers comp case gets denied or if you're cleared to return to work but your employer doesn't have a position for you, then you might be able to file for unemployment. You'd need to contact NYS Department of Labor directly to discuss your circumstances. The key requirement for UI is being able and available for work, which is usually incompatible with being on workers comp.
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Sean Kelly
•That makes more sense. I should probably focus on the workers comp claim first then.
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Mateo Rodriguez
I had such a hard time getting through to anyone at NYS Department of Labor when I had questions about this exact situation. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr (claimyr.com) that helped me reach an actual agent who could explain the rules for my specific case. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration trying to get answers about whether I could transition from workers comp to unemployment when my claim ended.
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Aisha Hussain
•Never heard of that before but might be worth looking into. Getting through to NYS Department of Labor is definitely a nightmare.
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GalacticGladiator
The whole system is so confusing! Why can't they just have one program that covers all situations when you can't work? Makes no sense to have workers comp AND unemployment with completely different rules and agencies handling them.
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Zara Malik
•They serve different purposes though. Workers comp is insurance your employer pays for workplace injuries. Unemployment is for when you lose your job through no fault of your own. Combining them would create more problems than it solves.
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