Collecting Unemployment and Workers’ Compensation in NY


Our New York workers’ compensation attorneys often hear from clients wondering how unemployment benefits and workers’ compensation work in New York. The process can be confusing and overwhelming, especially when dealing with an injury or illness that has left you unable to work.

In this blog post, we’ll break down the basics of collecting unemployment and workers’ compensation in New York and provide tips for maximizing your benefits.

Understanding Workers’ Compensation in NY

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. In New York, employers are required to provide workers’ compensation coverage for their employees.

To be eligible for workers’ compensation, an employee must have been injured or become ill as a result of their job duties, and the injury or illness must have occurred during their employment.

Common types of injuries and illnesses that qualify for workers’ compensation include back injuries, repetitive stress injuries, and respiratory illnesses. If you are injured or become ill as a result of your job, you should report the injury or illness to your employer as soon as possible. You must also file an Employee Claim on Form C-3 with the Workers’ Compensation Board.

Types of Workers’ Compensation Benefits

Here are the types of workers’ compensation benefits you may be entitled to:

  • Medical Benefits – Workers’ compensation will cover the cost of medical treatment for your injury or illness. This includes doctor’s visits, hospital stays, prescription medications, and any necessary medical equipment.
  • Disability Benefits – If you are unable to work as a result of your injury or illness, you might be eligible for disability benefits. These benefits will compensate you for a portion of your lost wages.
  • Death Benefits – If a worker dies as a result of a job-related injury or illness, their surviving dependents might be eligible for death benefits.

Collecting Unemployment Benefits While Receiving Workers’ Compensation

It is possible to collect both unemployment benefits and workers’ compensation at the same time. With that said, the amount of unemployment benefits you are eligible for will be reduced by the amount of workers’ compensation benefits you receive.

To collect unemployment benefits while receiving workers’ compensation, you must file a claim with the Department of Labor. You will be required to provide proof of your workers’ compensation benefits, as well as information about your job search efforts.

Keep in mind that if you can work and are actively seeking work, you may still be eligible for unemployment benefits, even if you are also receiving workers’ compensation benefits.

Navigating Social Security Disability and Workers’ Compensation Benefits

Social Security Disability Insurance (SSDI) and workers’ compensation are two separate programs that provide benefits to individuals who are unable to work due to a medical condition.

SSDI is a federal program that provides benefits to individuals who have long-term or permanent disabilities. To be eligible for SSDI, you must have paid into the Social Security system through payroll taxes.

Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their job. It is possible to receive both SSDI and workers’ compensation benefits at the same time.

Keep in mind that qualifying for SSDI can be difficult, and the application process can be long and complicated. For that reason, it’s a good idea to speak with a disability attorney or a workers’ compensation attorney before applying for SSDI.

A Workers’ Compensation Attorney Can Help

In conclusion, collecting both unemployment and workers’ compensation benefits in New York can be confusing and overwhelming, but it is possible. With the right knowledge and the help of an experienced workers’ compensation attorney, you can navigate the process and ensure that you receive the maximum benefits to which you are entitled. Your attorney will advise you about your rights, direct you to keep detailed records, and be proactive in your job search efforts. They can help ensure that you get the benefits and financial support you need to recover from your injury or illness.

If you’ve been hurt on the job, our dedicated team of attorneys is here to help. You can get your free case evaluation today by calling the New York disability attorneys for injured workers of Fusco, Brandenstein & Rada, P.C. at 516-496-0400. Members of our experienced team are standing by to help you.


Categories: Workers' Compensation

Last Updated : September 14, 2023