NYS Department of Labor - how does workers compensation affect unemployment benefits eligibility?
I've been getting workers comp payments for a back injury from my warehouse job since October, and now I'm wondering if I can also file for unemployment. My doctor says I might be able to do light duty work but my employer doesn't have any available positions. I'm confused about whether receiving workers compensation affects my ability to get unemployment benefits from NYS Department of Labor. Has anyone dealt with this situation before? I don't want to mess up either benefit by filing incorrectly.
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Carlos Mendoza
You can potentially receive both, but there are specific rules. If you're on temporary total disability through workers comp and cannot work at all, you typically can't get unemployment since you have to be able and available for work. However, if you're cleared for light duty but your employer has no suitable positions, you might qualify for unemployment while still receiving some workers comp benefits. The key is being medically cleared to work in some capacity.
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Ingrid Larsson
•That makes sense. My doctor did clear me for light duty with restrictions. Should I mention the workers comp when I file my unemployment claim with NYS Department of Labor?
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Zainab Mahmoud
be careful because sometimes they reduce unemployment if you get workers comp payments. i think theres some kind of offset but not sure how it works exactly
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Ava Williams
•There can be benefit coordination between the two programs. NYS Department of Labor will ask about other benefits you're receiving when you file your claim. The total combined benefits usually can't exceed a certain percentage of your previous wages, so one benefit might be reduced if you're getting both.
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Raj Gupta
I went through something similar last year after a construction accident. The workers comp people told me I had to report any unemployment benefits I received, and unemployment asked about workers comp too. It's definitely possible to get both but you have to be upfront about everything when you file your weekly claims.
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Ingrid Larsson
•Did you have any issues with NYS Department of Labor processing your claim? I'm worried about delays if they have to coordinate with workers comp.
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Raj Gupta
•It did take a bit longer for approval - went into adjudication for about 3 weeks while they verified everything. But once they sorted it out, I got both benefits without problems.
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Lena Müller
If you're having trouble getting through to NYS Department of Labor to ask about this directly, I had success using a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to clarify my eligibility status and couldn't get through the regular phone lines.
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TechNinja
•never heard of that before but might be worth trying since getting through to NYS Department of Labor by phone is nearly impossible these days
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Keisha Thompson
Just make sure you understand the 'able and available' requirement for unemployment. If workers comp has you listed as unable to work, that could disqualify you from UI benefits. But if you're cleared for modified duties and your employer can't accommodate that, you should be fine. Document everything from your doctor and employer about your work restrictions and their inability to provide suitable work.
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