Yes – you can collect both NYS Unemployment Insurance benefits and Workers’ Compensation benefits at the same time. Your eligibility for both benefits will generally occur if you are being paid at a partial disability rate from Workers’ Compensation and are deemed ready, willing, and able to work by the Unemployment office. Alternatively, if your doctor’s opine you to be totally disabled and you are receiving Workers’ Compensation benefits at the total rate, you are likely not eligible for Unemployment benefits.

While you can collect both benefits at the same time, you cannot collect more than your Average Weekly Wage from both benefits. For example, if your Average Weekly Wage is set at $500.00 per week, your unemployment benefits will go down if you are collecting more than this from both Workers’ Compensation and Unemployment. Your Workers’ Compensation is set first and your Unemployment benefits are adjusted accordingly. Therefore, you must report your Workers’ Compensation earnings to the Unemployment office.
William Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

William Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presents Continuing Legal Education programs.

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During the course of a New York Workers’ Compensation claim, numerous issues arise that injured workers must be aware of as they can have a significant impact on entitlement to lost wage benefits. The New York Workers’ Compensation Board can place obligations on injured workers. Not fully understanding these obligations and not complying with them can have consequences. One example is the obligation for partially disabled workers to remain attached to the labor market.

The obligation for an injured worker to seek employment within his or her light duty capabilities arises when either the claimant’s treating physician or the insurance carrier’s consultant (IME) indicates that the person has some work ability to work.

While an injured worker’s partial disability may prevent him or her from returning to their prior work, it does not necessarily prevent the injured worker from returning to all types of work. Generally, the law imposes an obligation on the injured worker to seek work consistent with his or her abilities. If the injured worker fails to do so, the insurance carrier may assert that the injured worker has voluntarily removed his or her self from the workforce, thereby allowing them to stop ongoing weekly wage benefits.

Sometimes injured workers believe that they do not have to remain attached to the labor market because they are on Social Security Disability (SSDI), collect Unemployment Insurance, have been told by their previous employer that they cannot go back to work because of their disability, or they have been terminated because of their disability.

While there are few exceptions to this rule, the exceptions are very limited. To protect yourself, we recommend that all injured workers with a Temporary Partial Disability or a Permanent Partial Disability take appropriate steps to show that they are sufficiently Attached to the Labor Market so as to prevent the insurance carrier from suspending benefits.
Injured workers demonstrate attachment to the labor market in three main ways: by performing an independent job search, by working with programs such as ACCES-VR, and by working with one stop career centers. Injured workers must provide evidence of their work search efforts.

There is case law to support the proposition that, if you are attending school FULL-TIME for retraining purposes, you are attached to the labor market. It is important that you also document your participation in a full-time program.

We recognize that this obligation is often difficult for an injured worker, but the idea is to prove that you are actively looking for work. We recommend that you use the form C-258.

MCV Law is proud to announce the launch of its very own Job Search (C-258) Form Generator to help injured workers more easily keep track of their work search efforts to avoid a suspension of benefits. The new fillable/printable form can be found here.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

Christopher Stringham graduated from Western New England College School of Law in 2010 and was admitted to the New York State Bar as well as the United States District Court, Northern District of New York in 2011. He is a member of the New York State Bar Association, Onondaga County Bar Association, and the Injured Workers’ Bar Association of New York. He has been a member of Meggesto, Crossett & Valerino, LLP since October 2010.

Yes, I said it – every injured worker needs a vacation; just like their coworkers, bosses, and friends.  Injured workers deserve a break from medical appointments, physical therapy, disputes over medication, and from the worry and stress that comes after an injury or illness.  Injured workers need time away from all of this stress to figure out exactly how they are going to move forward.

Every injured worker that Meggesto, Crossett & Valerino, LLP represents wonders “Will I get better? Will I be able to return to my old job? What happens if I can’t go back to the only work I know how to do?”

Injured workers also wonder “When will I be paid?  Will my check arrive regularly to I can pay my bills?  What happens if I do not receive my check?  Why is the amount of my check increasing or decreasing?”

These are all fair questions and concerns that we, as attorneys, strive to answer for our clients every day.  We often find that injured workers get caught up in the immediate, short-term battles, such as attending medical appointment and comprehending the amount of their benefits, and could really use a break from it all.

When the attorneys and staff at Meggesto, Crossett & Valerino, LLP talk to our clients and try to answer these questions, we stress the importance of being in control of their situation.  We consistently remind our clients that they are the “Masters of their Own Density.”  In doing this, we recommend courses of action and strategies that will maximize benefits in the short run, while keeping in mind that we must protect both injured workers and their families in the long run.

When you change your daily routine by waking up in a different place, and where the only decision you have to make is whether to go swimming or fishing, you give your mind a chance to clear itself.  Perhaps even day dreaming while enjoying the sun, or an afternoon spent outside, would held put your mind at ease.  You might find that, when you least expect it, a thought or answer might pop into to your head that you were too busy or anxious before to realize.

Now, I know it is not easy; you may not have the money to enjoy a vacation nor the freedom to delay medical procedures or treatments.  But, we strongly recommend clearing a week or two in your schedule to just get away, even if only to a public park, to clear your head and relieve the stress every injured worker experiences.

Before summer turns to fall, take my advice and find some time to get away.  Who knows – maybe you will have a flash of inspiration.  Even if you do not, simple acts such as shutting the television off, moving your medical appointments, or simply having a change of scenery, can be an easy but important step on the path to becoming the “Master of your Own Density.”

William W. Crossett, IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Mr. Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has regularly appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presented many Continuing Legal Education programs. Presently, Mr. Crossett serves as President of the Injured Workers Bar Association of New York and is an active member of Workers Compensation Law Division of the New York State Bar Association. In 2012, he was inducted as a fellow in the College of Workers Compensation Lawyers. Mr. Crossett practices throughout Central New York with an office in Syracuse.

Filling out the C-257 mileage form used to be a long, tedious process. Luckily, MCV Law has made it easier with our new Mileage and Transportation Form Generator! With the ability to copy previous entries, filling out the C-257 is now a breeze. Simply click the link below and give it a shot.

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