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NebulaNomad

Which pays more unemployment or short-term disability benefits in NY?

I'm trying to figure out my best option here. I got injured at work about 6 weeks ago and I'm still recovering. My doctor says I might be able to do light duty in another month but definitely can't do my regular job yet. I'm getting workers comp right now but it's not much. My coworker mentioned I might be able to get either unemployment or short-term disability instead? Which one pays more? I made about $52,000 last year working construction. Has anyone been in this situation before?

Javier Garcia

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You can't get unemployment benefits if you're unable to work due to injury. NYS Department of Labor requires you to be able and available for work to qualify for UI benefits. Short-term disability through New York State Disability Benefits would be your option, but the weekly benefit amount is capped at $170 per week. If you're already getting workers comp, that might actually pay more than disability benefits.

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NebulaNomad

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Wait so I can't even apply for unemployment while injured? That seems crazy. What if I could do a different type of job that doesn't require heavy lifting?

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Emma Taylor

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i was on disability last year and it was only like $170 a week max which is nothing compared to what unemployment pays. my unemployment was around $320 a week

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The previous responses are mostly correct. NYS unemployment benefits are calculated at roughly 50% of your average weekly wage, with a maximum of $504 per week in 2025. Based on your $52,000 salary, you'd likely get around $500 weekly if you qualified. However, you cannot receive unemployment while unable to work due to injury. New York State Disability Benefits max out at $170 per week regardless of your previous income. Workers compensation typically pays 2/3 of your average weekly wage, so that might actually be your best option financially.

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NebulaNomad

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So workers comp pays 2/3? That would be like $670 a week for me which is way better than the disability $170. I guess I should stick with what I have.

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How much does something like that cost? Seems like it should be free to reach your own unemployment office.

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CosmosCaptain

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Honestly the whole system is messed up. I was out of work for 3 months last year and unemployment barely covered my rent let alone food and utilities. And now they make it impossible to even talk to someone when you have questions. At least with workers comp you're dealing with an insurance company that has to follow rules.

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Just wanted to say hang in there! I was in a similar spot after a workplace injury and it's really stressful trying to figure out all the different benefit options. The good news is workers comp should cover your medical expenses too which unemployment definitely wouldn't do.

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Ravi Sharma

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I went through something similar after a back injury two years ago. One thing to keep in mind is that workers comp benefits aren't taxable, while unemployment benefits are. So even though your workers comp might be around $670/week (2/3 of your wages), you keep all of it. If you were getting unemployment at $500/week, you'd owe taxes on that. Also, workers comp will continue as long as you're unable to work, while unemployment has time limits. Definitely stick with workers comp for now, and once your doctor clears you for light duty, then you can explore other options if your employer can't accommodate you.

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Ethan Taylor

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That's a really good point about the tax difference! I hadn't thought about that at all. So workers comp being tax-free makes it even better than I calculated. Plus the medical coverage is huge - I've already had like 3 doctor visits and an MRI that would have cost me thousands out of pocket. Thanks for breaking that down, it makes me feel better about my situation.

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Ruby Blake

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I work in workers comp administration and wanted to add a few more details that might help. In NY, workers comp pays 2/3 of your average weekly wage with no cap (unlike disability benefits), and as others mentioned, it's tax-free. The weekly amount is calculated based on your wages from the year before your injury. Since you're making $52k, that should work out to around $667 per week tax-free, which is significantly better than the $170 max from state disability. Also, workers comp will pay for all your medical treatment related to the injury, including physical therapy when you're ready. Once your doctor releases you to light duty, your employer is required to offer you suitable work if available, or your benefits continue. Don't switch to anything else right now - you're actually in the best financial position possible given your situation.

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