NYS Department of Labor unemployment vs workers' comp - which pays more for time off work?
I got injured at my construction job last month and I'm trying to figure out what's better financially - filing for workers' comp or just going through NYS Department of Labor for regular unemployment benefits. My employer is being weird about the injury claim and I'm not sure if I should push for workers' comp or just file UI instead. Has anyone dealt with both? Which one actually pays more? I'm really confused about the whole process and need to make sure I'm making the right choice for my family.
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Dananyl Lear
Workers' comp and unemployment are completely different things and you can't choose between them like that. Workers' comp is for when you're injured ON THE JOB and covers medical bills plus wage replacement. Unemployment is for when you lose your job through no fault of your own. If you were hurt at work, you need to file workers' comp - that's not optional. Your employer can't just brush off a workplace injury.
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Lim Wong
•But what if my employer is saying it wasn't really a work injury? They're claiming I was goofing around when it happened. Can I still file workers' comp or should I just go the unemployment route?
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Noah huntAce420
You can't file for regular UI benefits if you're unable to work due to injury - that's one of the basic requirements for unemployment, you have to be able and available for work. If you're hurt and can't work, workers' comp is your only option. Don't let your employer intimidate you out of filing a legitimate claim.
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Ana Rusula
•This is exactly right. I tried to file unemployment when I hurt my back and they denied me immediately because I couldn't pass the able and available test.
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Fidel Carson
workers comp usually pays like 2/3 of your wages but unemployment is way less than that, maybe like $400 a week max? i think? but like everyone said you cant pick and choose, if you got hurt at work thats a workers comp thing period
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Dananyl Lear
•Close but NYS unemployment can go up to $504 per week in 2025. Workers' comp is indeed 2/3 of your average weekly wage with no cap for temporary total disability.
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Isaiah Sanders
I went through this exact situation two years ago when I got hurt operating a forklift. My employer tried to discourage me from filing workers' comp too. Here's what I learned - you absolutely HAVE to file the workers' comp claim if it's a legitimate work injury. Don't let them bully you. Workers' comp paid way more than unemployment would have, plus they covered all my medical expenses. If you're having trouble getting through to the workers' comp board, I found this service called Claimyr at claimyr.com that helped me reach an actual person instead of sitting on hold forever. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier.
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Lim Wong
•Thanks for the tip about Claimyr! How long did your workers' comp claim take to get approved? I'm worried about paying bills while this gets sorted out.
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Xan Dae
omg same thing happened to my boyfriend except his boss tried to say he was drunk when he fell off the ladder!! total bs, he doesnt even drink. some employers are just terrible about this stuff. definitely file workers comp and dont let them scare you
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Noah huntAce420
Just to be crystal clear about the money differences - NYS unemployment maxes out at $504/week but workers' comp pays 2/3 of your actual wages with no weekly cap. So if you were making $1200/week, workers' comp would pay you $800/week while unemployment would only pay $504. Plus workers' comp covers all your medical bills which unemployment obviously doesn't do.
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