NYS Department of Labor unemployment vs workers comp - which pays more?
I'm dealing with a work injury situation and trying to figure out my options. Got hurt on the job about 6 weeks ago and filed a workers comp claim, but it's taking forever to get approved. My doctor says I can't work for at least another month. Someone told me I might be able to get unemployment benefits instead or maybe both? I'm really confused about which one pays more and if I can even apply for unemployment while I have a pending workers comp case. Has anyone been in this situation before? I need to pay my bills and the workers comp checks haven't started yet.
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Zoe Alexopoulos
You generally can't collect both at the same time, and the eligibility requirements are different. Workers comp is for when you're injured and unable to work due to a work-related injury. Unemployment is for when you're able and available to work but can't find employment. If you're unable to work due to injury, you wouldn't meet the 'able and available' requirement for unemployment benefits.
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CyberSamurai
•So if I'm waiting for workers comp approval, I can't even apply for unemployment? That seems like it leaves people in a bad spot financially.
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Jamal Carter
The payment amounts vary a lot depending on your situation. Workers comp in NY is typically 2/3 of your average weekly wage up to a maximum. For 2025, I think the max is around $1,063 per week. Unemployment maxes out at $504 per week. So if you made decent money, workers comp would probably pay more, but it depends on your specific wages.
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Mei Liu
•Wait, unemployment is only $504 max? I thought it was higher than that. I was making $1,200 a week before my injury so workers comp would definitely be better if I can get it approved.
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Liam O'Donnell
I went through something similar last year. My workers comp claim took 3 months to get approved and I couldn't get unemployment because I wasn't 'available for work' due to my injury. I basically had no income for months. It was awful. You might want to talk to a workers comp attorney if your claim is being delayed.
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CyberSamurai
•Three months?? That's crazy. Did you eventually get back pay for those months once it was approved?
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Liam O'Donnell
•Yes, I got back pay but it was still really hard financially during that waiting period. The system is not set up well for people caught between these programs.
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Amara Nwosu
If you're having trouble getting through to workers comp, you might want to check out claimyr.com - they help people get through to NYS Department of Labor agents when the phone lines are jammed. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used them when I couldn't get answers about my unemployment claim status. Might be worth trying if you need to talk to someone about your situation.
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CyberSamurai
•Thanks, I'll check that out. I've been trying to call for weeks and can never get through to a real person.
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AstroExplorer
This is why the system is so messed up! People get injured at work and then have to wait months with no income while bureaucrats shuffle papers. There should be emergency assistance for situations like this.
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Giovanni Moretti
•Totally agree. I know someone who lost their apartment waiting for workers comp to kick in. The delays are ridiculous.
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