2023 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.