Workers Compensation and Disability Benefits
You have the right to cash benefits and/or medical care if you become ill or injured as a direct result of your job regardless of immigration status. The New York State Workers’ Compensation Board is the state agency that handles workers’ compensation claims.
Your employer must also provide temporary disability benefits for off-the-job injuries or illnesses, including pregnancy- or delivery-related disabilities.
Who is covered?
To be covered, you must be an employee, and not an independent contractor. However, you should seek assistance if you believe you have been misclassified as an independent contractor.
If you suffer an injury as a result of your job, you must notify your employer as soon as possible and no later than 30 days since injured. Second, you must file an Employee Claim (Form C-3) with the Workers’ Compensation Board. This form needs to be filed within 2 years from the date the accident happened.
How do I file a claim?
You can file online or alternatively file via U.S. mail by submitting your Employee Claim form to the following address:
NYS Workers’ Compensation Board
Centralized Mailing Address
PO Box 5205
Binghamton, NY 13902-5205
For more information, contact the Workers’ Compensation Board by calling their toll-free number (877) 632-4996, Monday through Friday from 8:30 a.m. to 4:30 p.m.
Visit the New York State Department of Labor’s website to learn more about workers compensation: Injured Worker’s Toolkit (ny.gov).
Unemployment Benefits
In New York State, employers pay contributions to fund unemployment insurance. Unemployment insurance provides temporary income for up to 26 weeks if you lose your job through no fault of your own and are actively seeking work.
How does it work?
The New York State Department of Labor processes unemployment claims. You must have authorization to work in the U.S. to request unemployment benefits. The New York State Department of Labor encourages employees authorized to work in the U.S. to apply for unemployment benefits even if they are in doubt of whether they qualify or if a former employer has told them that they do not qualify. Once a claim has been submitted, the New York State Department of Labor makes an assessment to determine eligibility.
You can apply online by creating an account with the Department of Labor using this link NY.gov ID Login V4. Or you can apply by phone calling toll-free during business hours to file a claim: 1-888-209-8124, Monday through Friday, 8:00 am to 5:00 pm.
You can view a video of how to apply for unemployment benefits here: Como presentar una solicitud para beneficios por desempleo – 2022 (youtube.com).
Health Insurance
If your employer offers health insurance, you may have the right to continue health benefits when you lose coverage or change jobs. You may also have the possibility to search for more affordable options, such as enrolling in a spouse’s health plan provided by their employer, or the marketplace. You can access the U.S. Department of Labor information on health insurance using this link: Retirement and Health Care Coverage…Questions and Answers for Dislocated Workers | U.S. Department of Labor (dol.gov) or by calling the toll-free number 1-866-444-3272.