Do I File for Workers’ Comp in the State I Live or Work?
Working away from home was never in your plan, but the money being offered set your family up for financial success. You have been able to accomplish much in the time you have worked out of state. However, an injury may put all that you have gained in jeopardy. The cost of a work injury may take a toll both physically and financially. While at home recovering, you may want to proceed with filing a claim with your employer. Where should you file the claim though if your job is in a different state than your residence? Find out more about your options when it comes to the workers’ compensation claim process.
Residence Does Not Matter
Workers go where the jobs are. Sometimes this means a family has to move and other times the job does not require it. When you get hurt in one state while living in another, you have the choice about where to file your claim. You may do so in either state.
Laws Vary by State
Much like any other law, those that govern workers’ compensation vary from state to state. Some states do not require employers to even carry workers’ compensation insurance depending on the type of business and workforce size. The first thing you want to do is get help determining if you can even file a claim in both states. This may help you eliminate one location from the running. If both states have similar rules, you will want to look at which has the more favorable payment laws. Some restrict temporary disability payments, which pay a portion of your salary while you recover. Choose the state that is more favorable to your needs.
The Cost of Medical Care
Another factor you may want to look at is how much medical treatment costs in each state. If using your own medical insurance at the onset of treatment, your carrier may charge less for any visits in your state. Once you file the workers’ compensation claim and the carrier starts paying for treatment, this may become more of a non-factor. You will typically want to stay close to home to recover unless you can still work part-time or in another capacity.
Before going through with the process in either state, you may want to get help. A workers compensation attorney in the Bronx can help you choose which path to take from a firm like Polsky, Shouldice & Rosen, P.C. That way, you can get all the insight you can before moving forward.