Out-of-State Workers: Where to Apply for Workers’ Compensation

When injured on the job, the subject of workers’ compensation is already a complicated one. It’s hard enough to suffer an injury that forces you to seek workers’ compensation, but to have to dig through the laws behind workers’ compensation and the policy rules is overwhelming. If you’re an employee who works in a different state than your home state or that travels often, you may not be familiar with how workers’ comp laws work.

Where to Apply for Workers’ Compensation

If you’re asking where to apply for your benefits, the answer is not black and white. In fact, the answer gives you options. If you’re injured in one state, while your principle office or home is in another state, then you might have a choice between the state you’re working in and the state that you live in.

Jurisdiction may be difficult to establish. When it comes to workers’ compensation, every single state has its own set of laws. The basic answer, however, is that you can choose which state that you file for workers’ compensation in. Most of the time, you would choose the state that benefits you the most.

What State Laws Have to Say

Every state has its own laws and regulations when it comes down to workers’ compensation. Some states require that you have insurance in that particular state, whereas most of them will let you file for workers’ compensation, even if you don’t have a state policy in that area.

This is what you need to know about state law ahead of time:

  • 43 states will apply jurisdiction if you signed the contract in that state
  • 40 states will apply jurisdiction if you work the majority of your time in that state
  • All states will apply jurisdiction if the injury happened in their state
  • 15 states do not apply jurisdiction to out of state employers with insurance under state law

One thing that might stand out about these laws is that there is some overlap. In most cases, you can simply choose the state that you want to apply for workers’ compensation in. If you decide to file a claim in both states, the two parties may offset the benefits.

If you’re injured on the job, then you deserve the workers’ compensation that comes with it. If you travel for work, however, it can be complicated. The legal issues surrounding workers’ compensation are sometimes difficult to understand. If you’ve been injured out of state, consult with a workers’ compensation lawyer for more information on filing a claim.

Source: Broward County Workers’ Compensation Lawyer, Law Office of Franks, Koenig & Neuwelt

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