How does workers' comp affect unemployment benefits with NYS Department of Labor?
I got injured at work about 6 weeks ago and have been receiving workers' compensation payments. My employer says they can't bring me back until I'm cleared by the doctor, but that could be months. Can I file for unemployment benefits while I'm on workers' comp? I'm confused because I'm technically not able to work right now due to my injury, but I also didn't quit or get fired. Has anyone dealt with this situation before? I need to know if the NYS Department of Labor considers this an eligible situation or if the workers' comp payments would disqualify me.
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Chloe Anderson
This is a tricky situation that comes up a lot. Generally, you can't receive both workers' comp and unemployment benefits at the same time in NY because unemployment requires you to be able and available for work. Since you're medically unable to work due to your injury, you wouldn't meet the eligibility requirements. However, there might be exceptions if you can perform some types of work with restrictions. You should contact NYS Department of Labor directly to discuss your specific medical limitations.
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Omar Fawaz
•That makes sense about the able and available requirement. My doctor says I can do desk work but my job is all physical labor. Would that change anything?
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Diego Vargas
i think you can get both but dont quote me on that lol. my cousin was on workers comp and unemployment at the same time but that was like 2 years ago so maybe things changed
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Anastasia Fedorov
•Your cousin might have been in a different situation. The rules are pretty clear that you can't collect both simultaneously. If someone did receive both, they'd likely have to pay back the unemployment benefits later as an overpayment.
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StarStrider
I was in almost the exact same situation last year! Got hurt on the job, couldn't do my regular work, but was cleared for light duty. My employer didn't have any light duty positions available, so I filed for unemployment. NYS Department of Labor initially denied my claim because of the workers' comp, but I appealed and won because I could prove I was able to do other types of work. The key was getting documentation from my doctor about what work I COULD do, not just what I couldn't do.
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Omar Fawaz
•This is really helpful! How long did the appeal process take? And did you have to stop the workers' comp payments while you were getting unemployment?
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StarStrider
•The appeal took about 6 weeks. I kept getting workers' comp the whole time - they're for different things. Workers' comp covers medical expenses and partial wage replacement for the injury, unemployment would cover job loss due to no suitable work being available.
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Sean Doyle
The whole system is ridiculous if you ask me. You get hurt at work through no fault of your own, then they make you jump through hoops to get any kind of support. Workers' comp barely covers anything and then they tell you that you can't get unemployment either?? What are people supposed to live on while they're recovering? The NYS Department of Labor needs to fix this mess.
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Zara Rashid
•I feel your frustration but the rules exist for a reason. Unemployment is specifically for people who lost their jobs and are actively seeking new work. If you're medically unable to work, that's what workers' comp and disability benefits are for.
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Anastasia Fedorov
I had a nightmare trying to get through to NYS Department of Labor about this exact issue. Spent hours on hold multiple times just to get disconnected. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a real person at the unemployment office. They have a video demo showing how it works (https://youtu.be/qyftW-mnTNI). Saved me so much time and frustration - was able to get clarification on how my workers' comp affected my UI eligibility within a day instead of weeks of calling.
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Omar Fawaz
•That sounds too good to be true. How much does something like that cost?
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Anastasia Fedorov
•It's really straightforward to use and worth it when you need answers quickly about your specific situation. Much better than playing phone tag with the unemployment office for weeks.
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Diego Vargas
definitely get everything in writing from your doctor about what you can and cant do workwise. learned that the hard way when i had my back injury
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Sophia Miller
I went through something similar about 8 months ago. The key thing to understand is that NYS Department of Labor looks at whether you're "able and available" for work, not just your employment status. In my case, I was on workers' comp for a shoulder injury but my doctor cleared me for sedentary work. Even though my regular job was warehouse work that I couldn't do, I was able to get unemployment because I could demonstrate I was available for office-type positions. You'll need to file for unemployment and be honest about your limitations - they may approve you for partial benefits if you can work in some capacity. The workers' comp and unemployment serve different purposes, so you might be eligible for both depending on your medical restrictions. Document everything and be prepared to explain your situation clearly to the DOL representative.
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