Those who live in Syracuse, NY and are receiving workers’ compensation benefits may be entitled to also receive unemployment insurance. According to the New York State Department of Labor, when a worker is receiving workers’ compensation and they are “available and physically able to work,” they may be eligible to receive unemployment insurance benefits. However, because an individual is already receiving a portion of their earnings through workers’ compensation, their weekly unemployment benefit rate will likely be reduced if their unemployment application is approved.
Applying for Unemployment While Receiving Workers’ Compensation in NY
If an individual believes they are entitled to receive both workers’ comp and unemployment, they will need to apply for unemployment insurance and send the following to the Department of Labor:
- A copy of their electronic file from Workers’ Compensation and;
- A medical statement acknowledging that they are able to work. This must be signed by the applicant’s physician.
After an application has been filed for unemployment insurance, the New York State Department of Labor also says that the Telephone Claim Center will determine whether a reduction in unemployment benefits is necessary seeing that the applicant is also receiving workers’ comp benefits. If an individual does not agree with the Telephone Claim Center’s decision, they can request a hearing.
How to Apply for Unemployment in Syracuse, NY
When an individual is ready to apply for unemployment, they can click here to access the New York State Unemployment Insurance Benefits website. This is where they can submit their claim and any other information the Department needs to make a determination on their application. Before an individual can begin the application process, they will need to sign in to the website or create a NY. Gov ID account if this is the first time they are applying for unemployment benefits. They will also be asked to create a four-digit number that will serve as their PIN.
When an applicant is filling out their application, it is especially important for them to answer “yes” when asked whether they are able to work. If an individual suffered a permanent disability in the work-related accident they were involved in and their physician has not cleared them for work, they must then choose “no” which means they likely won’t qualify for unemployment insurance.
Now, in order for an applicant to even be considered for unemployment insurance, they must have worked and earned enough in wages to qualify for it. In the event they do qualify for both workers’ comp and unemployment, the Department of Labor says their “weekly total of benefits cannot be more than [their] average weekly wage in the base period.”
What happens if an individual’s workers’ comp benefits are canceled after applying for unemployment?
If an individual lost their workers’ comp benefits, either because they began receiving unemployment benefits or because their claim was closed, they can contact Stanley Law for legal help. The Syracuse, NY workers’ compensation lawyers at Stanley Law can review the case and determine what caused the benefits to cancel. If an error was made, the Syracuse, NY workers’ comp lawyers at Stanley Law will be happy to assist the individual with getting their workers’ comp benefits reinstated.
Stanley Law can be contacted at:
215 Burnet Avenue
Syracuse, NY 13203