Legal Question in Employment Law in New York

In order to be eligible for NY Unemployment Insurance benefits, you must certify that you are "ready, willing, and able to work." If your medical condition renders you incapable of working, then you would not be eligible for Unemployment.

NY also requires all employers to provide short-term disability ("STD") benefits. NY requires employers to provide 26 weeks of benefits, with a maximum weekly benefit of $170/week. If you have not applied for this benefit, you should do so immediately. Also, your employer MAY (but does not have to) provide long-term disability ("LTD") benefits. If you had such a benefit, you can make a claim under that plan. If you were a member of a union, unions frequently offer LTD benefits and/or a disability pension. You should inquire of your employer's HR department and, if applicable, your union if you have any such benefits available to you.

Additionally, if you have a life insurance policy, you may be eligible for a waiver of premium benefit during a disability. This would not provide you with income during your disability, but it would at least let you keep your life insurance in place without cost to you.

Finally, you should apply for Social Security disability benefits.