Is unemployment insurance the same as workers comp in New York?
I'm really confused about the difference between unemployment insurance and workers compensation. My supervisor mentioned both when I got hurt at work last month and I don't understand if they're the same thing or different programs. I've been off work for 3 weeks now and not sure which one I should be applying for through NYS Department of Labor. Can someone explain the difference? I keep seeing both mentioned on the my.ny.gov website but they seem like separate things.
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Isabella Martin
No, these are completely different programs! Workers comp is for when you get injured ON THE JOB and covers medical expenses plus partial wage replacement while you recover. Unemployment insurance (UI) is for when you lose your job through no fault of your own - like layoffs, company closure, etc. Since you were hurt at work, you'd file for workers comp, not unemployment. NYS Department of Labor handles UI claims but workers comp goes through a different system entirely.
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Ava Hernandez
•Oh wow, that makes so much more sense! So if I'm still employed but just can't work because of the injury, I wouldn't qualify for unemployment anyway?
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Elijah Jackson
yeah theyre totally different programs. workers comp = hurt at work, unemployment = lost job. you cant get both at same time either
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Sophia Miller
To clarify further - workers compensation in NY is administered by the Workers' Compensation Board, not NYS Department of Labor. Your employer should have provided you with the necessary forms (C-3 form) to file your workers comp claim. If you haven't received these, contact your HR department immediately. Workers comp typically covers 2/3 of your average weekly wage while you're unable to work due to the injury, plus all related medical expenses. You remain employed during this time, just on workers comp leave.
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Mason Davis
•This is really helpful info. I had no idea they were separate agencies handling these programs. Thanks for explaining the forms too.
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Mia Rodriguez
I was in a similar situation last year and got so frustrated trying to reach someone at workers comp board. The phone lines are always busy and their website is confusing. I ended up using a service called Claimyr (claimyr.com) that helped me get through to the right people quickly. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself!
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Jacob Lewis
•Interesting, never heard of that service before. Did they help with workers comp or unemployment?
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Mia Rodriguez
•They work for getting through to various government agencies including both workers comp and NYS Department of Labor if you ever need to reach unemployment services later.
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Amelia Martinez
Just wanted to add that if your injury keeps you out of work permanently or your employer terminates you because of the injury, THEN you might end up needing unemployment benefits later. But that would be a separate claim through NYS Department of Labor after your workers comp situation is resolved. For now, focus on getting your workers comp claim filed properly.
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GalaxyGazer
@Ava Hernandez - To answer your follow-up question about still being employed: exactly right! If you're still technically employed but just can't work due to a workplace injury, you wouldn't qualify for unemployment insurance. UI requires that you be unemployed AND able/available to work. Since you're on workers comp leave, you're considered temporarily disabled and unavailable for work, which disqualifies you from UI benefits. Workers comp is designed specifically for this situation - keeping you financially supported while you recover from a work injury without losing your job. Make sure to get that C-3 form from your employer ASAP!
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