Yes you can collect both NYS Unemployment Insurance benefits and Workers’ Compensation benefits at the same time. Your eligibility for both benefits will generally occur if you are being paid at a partial disability rate from Workers’ Compensation and are deemed ready, willing, and able to work by the Unemployment office. Alternatively, if your doctor’s opine you to be totally disabled and you are receiving Workers’ Compensation benefits at the total rate, you are likely not eligible for Unemployment benefits.
Filing for NYS Unemployment Insurance Benefits
Filing for New York State (NYS) Unemployment Insurance (UI) benefits involves the following distinct process. Please contact us if you have any questions.
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Check Eligibility: Review the eligibility requirements for NYS UI benefits, which typically include being unemployed through no fault of your own, meeting minimum income and work requirements, and being able and available to work.
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Gather Information: Collect necessary documents such as your Social Security number, employment history for the past 18 months, and information about your most recent employer.
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File a Claim: Visit the New York State Department of Labor website or call the NYS Department of Labor to file a claim for UI benefits. Follow the instructions carefully and provide accurate information.
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Certify Weekly: After filing your initial claim, you will need to certify weekly that you are still unemployed and meet the eligibility criteria to continue receiving benefits.
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Respond to Requests for Information: Be prepared to respond to any requests from the NYS Department of Labor for additional information or documentation regarding your claim.
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Monitor Your Claim: Check the status of your claim regularly through the NYS Department of Labor's online portal or by calling their customer service line.
Confused? Overwhelmed? You’re Not Alone.
A NY Workers’ Compensation Lawyer Can Answer Your Questions & Advocate for You
Determining Eligibility for Workers' Compensation Benefits in NYS
Navigating the process of determining eligibility for Workers' Compensation benefits in New York State involves submitting a claim to the NYS Workers' Compensation Board and providing relevant documentation. Following the steps outlined for determining eligibility for Workers' Compensation benefits in NYS ensures that your claim is processed efficiently and accurately by the appropriate authorities.
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Report Your Injury: If you are injured on the job, report the injury to your employer as soon as possible. They should provide you with the necessary forms to initiate the Workers' Compensation claim process.
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Seek Medical Attention: Obtain medical treatment for your work-related injury or illness from an authorized healthcare provider.
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File a Claim: Submit a Workers' Compensation claim to the NYS Workers' Compensation Board. This typically involves completing forms provided by your employer or the Workers' Compensation Board.
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Provide Documentation: Include any relevant medical records, witness statements, or other documentation supporting your claim.
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Cooperate with the Process: Cooperate with any investigations or requests for information from the Workers' Compensation Board or your employer's insurance carrier.
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Consult with an Attorney: If you encounter difficulties with your Workers' Compensation claim or have questions about your rights, consider consulting with a Workers' Compensation attorney for guidance.
Free Consultations with a Workers’ Compensation Attorney Are Available.
Coordinating Workers’ Compensation and Unemployment Benefits
While you can collect both benefits at the same time, you cannot collect more than your Average Weekly Wage from both benefits. For example, if your Average Weekly Wage is set at $500.00 per week, your unemployment benefits will go down if you are collecting more than this from both Workers’ Compensation and Unemployment. Your Workers’ Compensation benefits are set first and your Unemployment benefits are adjusted accordingly. Therefore, you must report your Workers’ Compensation earnings to the Unemployment office.
Workers’ Compensation Lawyers Helping You Make Sense of It All
Between specific calculations, multiple steps and the unique specifics of your case, we understand that figuring it all out on your own can get overwhelming.
MCV Law’s Workers’ Compensation Lawyers guide you through the process, handling paperwork and answering your questions along the way.
With MCV Law, you don’t have to worry about attorney fees. Our Workers’ Compensation Lawyers don’t get paid until our client gets paid. Our attorney fees are covered by a small percentage of what our clients are awarded, with the overwhelming majority of compensation going to our clients.
People who work with a Workers’ Compensation lawyer are typically more successful with having benefits approved.