NY Work Comp L § 207 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 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.