Legal Question in Workers Comp in New York

Re: workers compensation/unemployment

Why not both?

Frank Cetero, Esq.

631 / 539 / 9950

Re: workers compensation/unemployment

You can indeed collect both. A partial disability means you also have a partial "ability" to work. Therefore, you can be ready, willing and "partially" able to work which is what the legal standard is for unemployment.

Financially you are better off with Workers' Comp because it is not taxable and does not end after 26 weeks like unemployment. One subtle issue you should be concerned about is that workers compensation pays when your injury is the reason you are laid off. If you are laid off for reasons unrelated to the injury you might not be eligible. This is an issue that gets litigated sometimes. So you should be careful about how you make your claim for benefits. You don't want to accidently set yourself up for a situation where Compensation denies your claim for because you were laid off for a lack of work and unemployment denies your Claim because they say you are not "ready, willing, and able" to work. It can be tricky.