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THIS HAPPENED TO ME! I made the mistake of filing for unemployment while still getting workers comp and now I owe NYS Department of Labor over $2800 in overpayments. Don't do it! Wait until your workers comp case is completely closed.
I went through something similar a few years ago. The NYS Department of Labor is really strict about this - they consider workers comp and unemployment as two different types of income replacement that can't overlap. Even though it seems unfair when you're struggling financially, trying to collect both can create serious legal issues. One thing that helped me was speaking with a workers comp attorney about potentially negotiating a settlement to close out my case faster, which then allowed me to pursue unemployment benefits. Also, make sure to document everything your employer tells you about light duty positions not being available - you'll need that evidence when you do apply for UI benefits later.
This whole gig economy unemployment thing is such a mess. Half the time they don't know how to handle our situations and we get stuck in adjudication forever while they try to figure out if we qualify or not. The system wasn't designed for people like us.
I'm in a similar situation as an Uber driver in NYC - my earnings have dropped significantly over the past few months. From what I've researched, you'll definitely want to gather all your documentation before applying. Besides the 1099s and bank statements others mentioned, I'd also recommend keeping your Uber driver app earnings statements and any tax returns where you reported this income. The NYS Department of Labor website has a section specifically for independent contractors that walks through the eligibility requirements. One thing I learned is that they calculate your benefit amount differently than for traditional employees, so don't expect the same formula. Also consider applying sooner rather than later since there can be waiting periods and backlogs like others have mentioned.
Thanks for sharing this detailed info! I'm also dealing with reduced earnings and didn't realize there was a specific section for independent contractors on their website. Do you happen to know if there's a minimum earnings threshold you need to meet to qualify? I'm worried my income might be too low since I was only doing this part-time before things got really slow.
The whole system is such a pain honestly. I've been dealing with NYS Department of Labor for years with my restaurant and they change the rules constantly. Just make sure you keep detailed records of everything because they WILL ask for documentation later.
Just went through this process myself a few months ago! @Liam O'Sullivan is spot on about the $300 threshold. One thing that helped me was calling the NYS Department of Labor early in the morning (like 8 AM sharp) - seemed to have better luck getting through then. Also, make sure you understand the difference between employees and independent contractors because that affects your UI liability. If you're just doing consulting work solo with 1099 contractors, you're probably not liable yet. But definitely get clarity before you start paying anyone regularly!
That's a great tip about calling early! I never would have thought of that timing strategy. Quick question - when you say 1099 contractors don't count toward the threshold, does that include if I'm paying the same contractor regularly throughout the year? Like if I have one person I work with consistently but they're still technically a contractor?
Pro tip: take screenshots of everything and keep a spreadsheet. NY unemployment system is notorious for glitches
Hey! I went through the exact same thing last month. That waiting week showing $0 is normal - it's unpaid by design. The real issue is why nothing else is showing up after 04/28. Check if you have any pending issues under "Claim Status" - could be identity verification, work search requirements, or they need more info. Also make sure you're certifying on the right days (usually Sunday-Tuesday). If everything looks clean on your end, definitely call or use one of those callback services people mentioned. Don't stop certifying though - you'll lose those weeks if you do! Keep records of everything in case you need to prove you were certifying.
Vanessa Figueroa
I just went through this exact same situation a couple weeks ago! I worked 10 hours and 18 minutes and was stressing about which bracket to choose. After calling NYSDOL (took me 2 days to get through), the representative confirmed that you absolutely must select 11-16 hours for 10.25 hours worked. She explained that the system doesn't round - it's about which range your actual time falls into. Since you exceeded 10 hours, even by 15 minutes, you're technically in the 11-16 hour range. The rep also mentioned that underreporting hours is one of the most common mistakes that triggers benefit reviews, so it's definitely worth being accurate even if it feels strange to report such a wide range for barely going over. Good luck with your certification!
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Chloe Green
•Thank you so much for calling and getting the official confirmation! It's really helpful to hear directly from a NYSDOL representative about this. I was leaning toward reporting 11-16 hours but wanted to make sure before submitting my certification. The fact that underreporting is one of the most common mistakes that triggers reviews definitely makes me feel better about choosing the higher bracket. It's good to know I'm not overthinking this - accuracy really is the most important thing here, even if the ranges feel awkward sometimes.
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Mae Bennett
I'm new to NY unemployment and this thread has been incredibly helpful! I'm actually dealing with a similar situation right now - I worked 10 hours and 8 minutes this week and was about to select the 0-10 bracket thinking I should round down. After reading everyone's experiences and the official confirmation from the NYSDOL rep, I'm definitely going to report 11-16 hours instead. It's crazy how such a small detail can make such a big difference, but I'd rather be safe than deal with investigations or payment delays later. Thank you all for sharing your knowledge - this community is a lifesaver for navigating these confusing systems!
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