Law Firm Blog

How Does Workers’ Compensation Work When You Live and Work in Different States?

If your job requires you to travel between different states and you become hurt, you are likely wondering what your options are. Our Florida workers’ compensation lawyer outlines your legal options for compensation below.

There are many reasons people must travel between different states for work. Contractors often have to travel from state to state, and executives and managers often have to be in different areas of the country at different times of the year. Unfortunately, these trips do not always end safely. People can become hurt even when they are far from home. People who were out of state for work when they become injured often wonder if they are still covered under workers’ compensation. Fortunately, the answer is usually yes.

Workers’ Compensation is a State Issue

Workers’ compensation is usually governed by state law. As such, if an employee is injured in a different state than where they live or where they normally work, but still while on the job, the laws of the injured state would likely apply. It depends on the language within the employer’s insurance policy, and where the employee files the workers’ compensation claim. Some employees prefer to file a claim in the injured state because the benefits are more favorable.

Workers’ Compensation and Reciprocity

In most cases, workers’ compensation is a statewide issue and state laws dictate how the process will work. Still, even when you are in another state, the workers’ compensation insurance coverage your employer purchased may cover you if you are in a work-related accident while you are out of your primary state.

Workers’ compensation in most states includes what is known as reciprocity. This means that if an employee is hurt outside of their state of residence, but still while on the job, whether they are covered may depend on their employer’s insurance policy. Many insurance policies allow employers to designate certain states in which their employees are still covered under workers’ comp. In most cases, this list is found in Items 3A or 3C of the insurance policy.

Some states are considered monopolistic states, which means that employers must obtain workers’ comp insurance from a compulsory state fund or qualify as a self-insurer. Ohio, North Dakota, Wyoming, Washington, Puerto Rico, and the U.S. Virgin Islands are monopolistic states. Employees who are injured while in these states may have a challenging time obtaining coverage if they must spend time in these states and become injured while on the job.

Our Workers’ Compensation Lawyer in Florida Can Help With Out-of-State Accidents

If you have been injured while on the job and in a different state, our Florida workers’ compensation lawyer at Rooth Law Firm can provide the sound legal advice you need. These cases can become extremely complex, and even the smallest mistake could mean you forfeit your right to claim benefits at all. Our seasoned attorney will not let that happen. Call us now at 727-849-3400 or contact us online to schedule a consultation with our knowledgeable attorney.