N.Y. Workers' Compensation Law § 207: Disability while unemployed

§ 207. Disability while unemployed. 1. Employees entitled to

unemployment insurance benefits. An employee whose employment with a

covered employer is terminated and who during a period of unemployment

within twenty-six weeks immediately following such termination of

employment shall become ineligible for benefits currently being claimed

under the unemployment insurance law solely because of disability

commencing after June thirtieth, nineteen hundred fifty, and who on the

day such disability commences is not employed or working for

remuneration or profit and is not then otherwise eligible for benefits

under this article, shall be entitled to receive disability benefits as

herein provided for each week of such disability for which week he would

have received unemployment insurance benefits if he were not so

disabled. The weekly benefit of such disabled employee shall be computed

in the same manner as provided in subdivision two of section two hundred

four, and the benefits he is entitled to receive shall be subject to the

limitations as to maximum and minimum amounts and duration and other

conditions and limitations prescribed in sections two hundred four, two

hundred five and two hundred six.

2. Employees not eligible for unemployment insurance benefits. An

employee whose employment with a covered employer is terminated and who

was in employment of one or more covered employers and was paid wages of

at least thirteen dollars in such employment in each of twenty calendar

weeks during the thirty calendar weeks immediately preceding the date he

last worked for such covered employer, and who during a period of

unemployment within twenty-six weeks immediately following such

termination of employment is not eligible to benefits under the

unemployment insurance law because of lack of qualifying wages but who

during unemployment has evidenced his continued attachment to the labor

market, shall be eligible for benefits under the provisions of this

subdivision for disability commencing after June thirtieth, nineteen

hundred fifty. If such employee becomes disabled and continues to be

disabled for at least eight consecutive days during such twenty-six week

period and on the day such disability commences he is not employed or

working for remuneration or profit and is not then otherwise eligible

for benefits under this article, he shall be entitled to receive

disability benefits, as herein provided, beginning with the eighth

consecutive day of such disability, for each week of such disability

thereafter. The weekly benefit of such disabled employee shall be

computed in the same manner as provided in subdivision two of section

two hundred four, and the benefits he is entitled to receive shall be

subject to the limitations as to maximum and minimum amounts and

duration and other conditions and limitations prescribed in sections two

hundred four, two hundred five and two hundred six.

3. Payment of benefits. The benefits payable under this section shall

be subject to the provisions and limitations generally applicable to

disability benefits payable under this article, and shall be paid by the

chairman out of any assets in the fund created by section two hundred

fourteen. The chairman may require an employee claiming benefits under

this section to file proofs of disability and of his employment and

wages, and other proofs reasonably necessary for the chairman to make in

the first instance the determination of eligibility and benefit rights

under this section; and may require his employer or his former employer

or employers to file reports of employment and wages and other

information reasonably necessary for such determination. The chairman

may make administrative regulations for such determinations. The

chairman may also by regulation establish reasonable procedures for

determining pro rata benefits payable with respect to disability periods

of less than one week. Any employee claiming benefits under this section

whose claim is rejected in whole or in part by the chairman, shall be

entitled to request a review by the board and shall have all the rights

with respect to contested claims provided in this article.

4. Qualification notwithstanding casual non-covered employment. An

employment of not more than four weeks with a non-covered employer or

employers occurring within such twenty-six weeks period shall not

disqualify an employee from benefits provided such employee was

otherwise eligible to receive benefits under this section at the time

such employment for a non-covered employer commenced.

5. The foregoing provisions of this section shall not apply to family

leave benefits, as family leave benefits are not available to employees

that are not employed at the time family leave is requested by filing

the notice and medical certification required by the chair.