Does workers' comp count as income for unemployment NYS Department of Labor?
I'm getting workers' comp payments right now for a back injury from my warehouse job and I want to file for unemployment too since I can't work. Do I need to report the workers' comp as income when I do my weekly claims? I'm confused because technically I'm not working but I am getting money. Don't want to mess up my claim with NYS Department of Labor.
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Mikayla Brown
Workers' compensation payments are NOT considered wages or income for unemployment purposes in New York. You don't report them on your weekly claims. However, you need to be able and available for work to collect unemployment, which might be an issue if you're receiving workers' comp for an injury that prevents you from working.
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Logan Stewart
•So I can get both at the same time? The injury is just to my back but I could do office work or something that doesn't require lifting.
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Sean Matthews
You can potentially receive both, but you have to prove you're able and available for suitable work. NYS Department of Labor will look at whether you can perform work that matches your skills and experience, not just any work. Make sure you're honest about your limitations when you register for work search.
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Ali Anderson
•This exactly. I was on workers comp and unemployment at the same time last year. Just had to show I could do desk jobs even though I couldn't do my regular construction work.
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Zadie Patel
wait so workers comp doesn't count but what about if you get a settlement? that seems like it should count as income
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Mikayla Brown
•Settlement payments are different - those are typically lump sums for permanent disability, not weekly income replacement. Still wouldn't affect your weekly unemployment claims.
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A Man D Mortal
I had such a hard time getting through to NYS Department of Labor to ask about this exact situation. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent confirmed what others are saying - workers comp doesn't count as wages for UI purposes.
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Logan Stewart
•That's really helpful, I was dreading trying to call them. Did they charge you for that service?
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A Man D Mortal
•Yeah there's a fee but honestly worth it to actually talk to someone instead of wasting entire days calling.
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Declan Ramirez
The whole system is so confusing!! Why can't they just make this stuff clear on the website instead of making us guess about every little detail.
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