NYS Department of Labor unemployment vs workers comp - what is the difference between workers compensation and unemployment?
I got hurt at my job last month and my supervisor told me to file for workers comp, but my coworker said I should apply for unemployment instead. I'm really confused about what is the difference between workers compensation and unemployment benefits through NYS Department of Labor. Can I get both? Which one should I apply for first? I've been out of work for 3 weeks now and bills are piling up. My injury happened when I was lifting boxes and hurt my back. The doctor says I can't do physical work for at least 6 more weeks. Really need to understand my options here.
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Freya Thomsen
Workers compensation and unemployment are completely different programs with different eligibility rules. Workers comp covers you when you're injured ON THE JOB and provides medical coverage plus wage replacement while you recover. NYS Department of Labor unemployment is for when you lose your job through no fault of your own. If you were hurt at work, you need workers comp first - unemployment won't help you if you're unable to work due to injury.
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Ravi Sharma
•So I can't get unemployment if I'm injured? Even though I'm not getting paid right now?
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Omar Zaki
Your supervisor is right - file for workers comp immediately. The difference is workers comp pays for your medical bills AND gives you weekly payments while you heal. Unemployment through NYS Department of Labor requires you to be able and available for work, which you're not if you're injured. Don't wait on the workers comp claim, there are deadlines.
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AstroAce
•This exactly. I made the mistake of waiting to file workers comp thinking I'd get better quickly. Cost me thousands in medical bills that could have been covered.
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Chloe Martin
ugh the whole system is so confusing!! I went through something similar last year and nobody explains anything clearly. workers comp is supposed to cover you but they fight everything tooth and nail
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Omar Zaki
•That's why it's important to file immediately and document everything. The longer you wait, the harder it gets to prove the injury was work-related.
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Diego Rojas
Had a terrible time trying to reach someone at workers comp when I needed to check my claim status. Kept getting disconnected or put on hold for hours. Someone here mentioned using claimyr.com to get through to agents faster - tried it and actually got connected within minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made dealing with the bureaucracy so much easier.
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Anastasia Sokolov
•Wait really? I've been trying to reach workers comp for weeks about my case. How much does that service cost?
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Diego Rojas
•They focus on helping you get through to the right people rather than costs. Worth checking out if you're stuck in phone hell like I was.
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Sean O'Donnell
just to clarify - you CANNOT collect both workers comp and unemployment at the same time. they're mutually exclusive. if you're on workers comp you're not available for work so you don't qualify for NYS Department of Labor benefits
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Ravi Sharma
•Thanks for clarifying! So workers comp is definitely what I need to focus on right now.
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AstroAce
One more thing - if your workers comp gets denied (which happens more than it should), THEN you might be able to apply for unemployment if you end up losing your job over the injury. But that's a worst case scenario. File the workers comp claim first and see what happens.
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