How to apply for unemployment disability benefits through NYS Department of Labor?
I'm really confused about how to apply for unemployment disability benefits. I've been out of work for 6 weeks due to a back injury and my doctor says I can't return to my construction job for at least another month. I know there's something called disability benefits but I'm not sure if that goes through NYS Department of Labor or somewhere else? My coworker mentioned something about short-term disability but I don't know where to start. Can someone walk me through the process? I'm getting stressed about bills piling up.
13 comments


Emma Wilson
You're mixing up two different programs. NYS Department of Labor handles regular unemployment insurance (UI) for people who lose their jobs. For disability due to injury or illness, you need New York State Disability Benefits (DBL) which is administered through the Workers' Compensation Board, not NYS Department of Labor. If your injury happened at work, you'd file for workers' comp. If it's a non-work injury, you apply for short-term disability benefits. You can't collect both unemployment and disability at the same time since unemployment requires you to be able and available for work.
0 coins
Javier Cruz
•Oh wow I had no idea these were separate programs! My injury did happen at work - I fell off scaffolding. So I should be looking at workers comp instead of unemployment?
0 coins
Malik Thomas
Yes exactly! Since it was a work injury you definitely want workers compensation, not unemployment. You'll need to notify your employer immediately if you haven't already and they should help you file the claim. For workers comp you file a C-3 form. Don't wait too long because there are deadlines for reporting workplace injuries.
0 coins
Javier Cruz
•I told my supervisor the day it happened but he just said to 'take some time off.' He didn't mention any paperwork. Should I be worried?
0 coins
Emma Wilson
•Your employer is required by law to provide you with workers comp claim forms within 10 days of being notified of the injury. If they're not cooperating, you can file directly with the Workers' Compensation Board yourself.
0 coins
NeonNebula
had the same thing happen to me last year, employer tried to brush it off too. I had to get pretty pushy about getting the forms but eventually they cooperated. The workers comp covered my medical bills and gave me weekly payments while I was out. Much better than trying to figure out unemployment stuff.
0 coins
Isabella Costa
Just to be clear - if you ever do need to contact NYS Department of Labor for regular unemployment benefits in the future, I found a service called Claimyr (claimyr.com) that helps you actually get through to speak with an agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Super helpful since the NYS Department of Labor phone lines are always jammed. But for your current situation, workers comp is definitely the right path.
0 coins
Javier Cruz
•Thanks for the tip! I'll bookmark that site in case I ever need to deal with unemployment claims down the road.
0 coins
Ravi Malhotra
wait so you CANT get unemployment if your hurt?? that seems really unfair
0 coins
Emma Wilson
•You can't get unemployment while you're unable to work due to injury because unemployment requires you to be actively seeking work and available to start immediately. But workers comp or disability benefits are specifically designed for when you can't work due to injury or illness - they usually pay better than unemployment anyway.
0 coins
Freya Christensen
The whole system is so confusing!! I went through something similar and it took me weeks to figure out which office to call. Workers comp ended up taking care of everything though once I got the ball rolling. Don't let your employer stall you - you have rights and they know it.
0 coins
Ethan Clark
@Javier Cruz - I went through a similar work injury situation a few years ago. Don't let your employer drag their feet on this! You have 30 days from the date of injury to file a workers comp claim, but the sooner the better. If your supervisor isn't being helpful, go directly to HR or whoever handles workers comp at your company. You can also call the Workers' Compensation Board directly at 1-877-632-4996 - they'll walk you through the process and make sure you get the forms you need. The weekly benefits usually cover about 2/3 of your wages while you're recovering, which is way better than what unemployment would give you. Hang in there!
0 coins
Abigail Spencer
•@Ethan Clark Thanks for sharing that phone number! I m'definitely going to call the Workers Compensation' Board directly since my supervisor hasn t'been much help. It s'good to know the 30-day deadline - I m'at about 6 weeks now so I m'cutting it close but hopefully still within the window. The 2/3 wage replacement sounds much better than what I was expecting. Really appreciate everyone s'advice here, you ve'all been way more helpful than my employer!
0 coins