Denied unemployment after workers comp - should I request recalculation to extend my base period by 2 quarters?

I was on workers comp from March 2023 to January 2024 and got a new teaching job in February. Applied for unemployment and got denied for not having enough wages. Never included workers comp on my application because I didnt think it counted as wages. After I received my denial letter, I was looking through the unemployment guidelines and found some information that might help my case. The denial letter mentioned I "do not qualify using either base period" but I'm seeing that there might be exceptions for people like me who were on Workers' Compensation. According to the unemployment information I found: "If you do not qualify using either base period AND You received Workers' Compensation payments OR Volunteer Firefighters' benefits during the Basic base period, THEN We may extend the Basic base period back up to 2 calendar quarters. This will depend on how many base period quarters you received these benefits." Since I was on workers comp for almost a full year (March 2023 to January 2024), I think this extension might apply to me. The document also mentions: "If you qualify using the Basic base period, we use that period to establish your claim. If you do not qualify in the Basic base period, we will calculate using the Alternate base period." I also noticed something about being able to request recalculation: "You can ask us to recalculate your rate using the Alternate base period. You have 10 days from the date of the initial notice to make the request." My denial letter came last week, so I think I'm still within that 10-day window to request a recalculation. The document also mentions: "If you do not qualify in any of these base periods, AND You worked for pay in the calendar quarter when you filed, AND You are still unemployed after that quarter ends, AND You think that you may qualify using the latest work, THEN You should apply again for benefits after this calendar quarter ends." Since I started my teaching job in February but it ended (I was a substitute), should I wait until the end of this quarter to apply again? Anyone know if workers comp counts toward my base period calculation? And does anyone have experience with getting those 2 extra quarters added to the base period for workers comp cases as mentioned in this document? Really need help figuring this out as I'm struggling financially right now.

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16 comments

Ethan Moore

•2M

As someone who's worked extensively with NY unemployment claims, here's what you need to know: Workers comp payments are NOT considered wages for unemployment purposes. However, NY has a special provision for people who received workers comp during their base period. They can extend your look-back period up to 2 quarters to find qualifying wages. For teachers, there are additional considerations because of the academic calendar. You'll need to specifically request they review your claim with the workers comp extension. Best way to handle this is to call them directly. Use claimyr.com to get through - its worth the $20 to avoid the endless calling. Tell them: 1) You were on workers comp 2) You're a teacher 3) Request base period extension Bring documentation of your workers comp dates and payments. They may need to see this.

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