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Clay blendedgen

Is workers compensation the same as unemployment benefits from NYS Department of Labor?

I got hurt at work last month and my supervisor mentioned workers comp, but I'm also hearing about unemployment from coworkers. Are these the same thing? I'm really confused about what I should be applying for. I can't work right now because of my injury but I don't know if I need to file with NYS Department of Labor or somewhere else. Can someone explain the difference?

Ayla Kumar

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No, they're completely different programs! Workers compensation covers you when you're injured on the job - it pays medical bills and some lost wages while you recover. Unemployment insurance through NYS Department of Labor is for when you lose your job through no fault of your own. Since you're injured at work, you'd file for workers comp with your employer's insurance carrier, not unemployment benefits.

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Oh that makes sense! So I shouldn't file a weekly claim with NYS Department of Labor then? My coworker said I should but maybe they were confused too.

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wait what if you get fired while on workers comp though?? asking for a friend lol

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Ayla Kumar

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That's actually a complex situation. If you're terminated while on workers comp, you might be able to file for unemployment benefits depending on the circumstances, but you'd need to report your workers comp payments when filing your weekly claims.

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I dealt with this exact confusion last year! Workers comp is handled by the Workers Compensation Board in NY, not NYS Department of Labor. The application process is totally different - you file Form C-3 with your employer within 30 days of the injury. Unemployment is only if you're able and available to work but can't find a job. Since you're injured and can't work, unemployment wouldn't apply anyway.

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Kai Santiago

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This is really helpful! I was about to file for unemployment too but sounds like I need to focus on the workers comp claim instead. Do you know how long those usually take to process?

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Lim Wong

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The whole system is so confusing! I spent weeks trying to reach someone at NYS Department of Labor when I should have been dealing with workers comp instead. Finally used claimyr.com to get through to an actual person who explained the difference. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much time compared to sitting on hold forever.

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Thanks for that tip! I might need that if I have questions about whether my situation qualifies for anything through NYS Department of Labor later on.

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Dananyl Lear

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ya theyre totally different things, workers comp pays more anyway usually

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