New York State Injury Laws – What Injured Workers Should Know

When a worker sustains an injury in the workplace or gets sick during the course of the employment, and thereby discontinues work, the injured worker gets qualified for time loss compensation. In some cases, the payment of the compensation is delayed for weeks, months, or even years if the Department of Labor and Industries or Self Insured Employer sees either the claim validity or the amount of the benefits due. Sick and injured workers often are ignored by their respective organizations so they struggle to pay their bills. If you are an injured worker then know how you can apply for different claims complying with the New York State injury laws. 

Can injured workers file for unemployment and time-loss benefits at the same time?

Many sick or wounded employees automatically rely on unemployment benefits to provide them with the money they need to survive. They are also qualified by the New York State injury laws to acquire those claims. The wounded worker may apply for unemployment benefits from the Employment Security Department as long as the Department or SIE refuses to pay while asserting that the worker is capable of returning to work in some way (ESD). Some employees may qualify but others are not. Personal injury law is a complex standard that takes into account how long the wounded worker had been employed before their injury and their pre-injury pay from all relevant employments is used to evaluate eligibility. 

Are there any drawbacks to filing for both benefits?

Filing for unemployment benefits while asserting a claim for time-loss compensation has several disadvantages. The main disadvantage is that an employee cannot get both time loss compensation and unemployment benefits at the same time. The New York State injury laws do not allow it to injured workers. Therefore, after time loss benefits are ultimately paid, the injured worker will repay some or all of the unemployment benefits back to ESD if they used their unemployment eligibility to bridge the time when the Department or SIE were not paying. 

In the past, it was common for people to receive unemployment benefits while concurrently filing time-loss claims complying with the New York State injury laws. Weekly severance payments would be made. After the issue was resolved, the Department or SIE would pay the injured employee for the same time. The injured worker would then deduct a percentage equal to the worker’s recovery expenses from the newly obtained time loss benefits to pay back unemployment benefits that had previously been financed by ESD. The employee might then reclaim their earlier eligibility for unemployment benefits, which they could continue to utilize once their L&I claim is resolved. 

When worker’s compensation insurance will cover your loss?

Most New York firms are required to have workers’ compensation insurance, which will cover insured employees’ work-related illnesses and injuries. Your occupational injuries will be compensated by workers’ compensation unless you fall into one of the exceptions. These groups consist of:

  • Independent businesspeople
  • Clergy people
  • Volunteering
  • Federal workers

All other employees are expected to file a workers’ compensation claim within the specified period and use the correct paperwork. 

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