Non-Workers’ Compensation Benefits

In addition to workers’ comp, you should consider non-workers’ compensation benefits.

On this page:

• Unemployment Benefits
• Social Security Disability (SSD)
• New York State Short-Term Disability

Unemployment Benefits

You can receive both Unemployment and Workers’ Compensation benefits at the same time. If you are totally disabled, you are ineligible for Unemployment benefits since you are unable to work. 

If you are partially disabled, it implies that you are physically able to do some work, even if you are unable to return to your old job. To apply for unemployment, you can:

• Call 1-888-209-8124, or
• Apply online at the NY Department of Labor unemployment site.

Make sure that you inform unemployment that you are receiving workers’ comp. 

Social Security Disability

You may be entitled to Social Security Disability (SSD) benefits if you are unable to work and expect to be disabled for a year.  Comp and SSD define “Disability” differently. Thus, even if you are deemed only partially disabled under Workers’ Compensation, you may be found to be disabled by Social Security. 

For more information on SSD, please visit socialsecurity.gov. Although I do not handle SSD claims, please discuss SSD with me and I will refer you to a Social Security attorney. You should consult with a SSD attorney if you are out of work six or more months and anticipate being out of work for a year. SSD eligibility depends on your recent work history, so waiting too long after you stop working can make you ineligible.

The Oneonta Social Security office is located at 31 Main St., Suite 1, Oneonta, NY 13820. Their phone number is 1-877-628-6581. 

New York State Short Term Disability

Most employers are required to carry New York State Disability Insurance. This covers off-the-job disabilities.  You are not entitled to receive both Workers’ Compensation and NYS disability at the same time. However, if the carrier is controverting/fighting your comp claim, you may be entitled to Disability Benefits while your case is being litigated. 

To apply, you and your doctor will need to complete a “Notice and Proof of Claim for Disability Benefits” form, a DB-450 form. You also need to file a copy of the “Notice that Right to Compensation is Controverted” form (FROI-04). You should have received this from the Workers’ Compensation carrier.  Mail both forms to: Disability Benefits Bureau, Workers’ Compensation Board, 100 Broadway-Menands, Albany, NY 12241.  

Once the Workers’ Compensation case is established, the Disability carrier will be entitled to reimbursement

Not sure which of these benefits apply to your situation? I am happy to talk it through with you and help you understand your options.