Legal Question in Workers Comp in New York

I was injured on the job 2/20/09, worked light duty until 4/30/10 employer laid me off couldn't accommodate my restriction any longer. Question ? can I receive unemployment, comp, SSd and my pension from work simultaneously?


Asked on 7/06/10, 8:41 am

1 Answer from Attorneys

Brian Mittman Markhoff & Mittman, PC

Sorry to hear about you being laid off, and good for you trying to keep working through your disability. Here is the bottomline, possibly! If your work stoppage can be shown to be related to your work injury you can apply for workers compensation benefits. If you are not totally disabled but partially disabled then you can apply for unemployment, but need to let both workers compensation and unemployment know. SSD you need to be out of work or expect to be out of work at least a year (the techincal term is not being able to perform substantial gainful activity - leads to problems with unemployment) and as to your pension, you need to speak to the pension people to see what you can and cannot do!

Good luck.

For more information check out www.markhofflaw.com

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Answered on 7/06/10, 12:42 pm


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