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Filing Workers Compensation if You Work Out of State

Posted on 07/11/22 by admin in Workers' Compensation

Here in the DMV it’s not at all uncommon to live in one state and commute to work in another. We all benefit from a robust transit system that keeps the region as tight-knit as it is. But this does present a legal conundrum for out-of-state workers. If you are injured while working out of state, where are you meant to file for workers compensation? Is it in the state where you live? Or the one you work? Today we’ll be examining this question, along with a refresher on some worker’s comp basics.

Filing for workers comp can be complicated

Understanding Workers Compensation

Workers compensation is a system in the United States and many other countries that provides benefits to workers who are injured or who contract an illness at work. The program is usually administered by state governments as part of social welfare programs.

In the United States, workers compensation is a system of insurance that provides benefits to employees who are injured or who contract an illness at work. The program is usually administered by state governments as part of social welfare programs. Workers compensation covers medical expenses and, in some cases, lost wages and rehabilitation costs.

Notable Exceptions to the Rules

Workers compensation is designed to be a no-fault system. This means that employees do not have to prove that their employer was at fault for their injury or illness in order to receive benefits. However, there are some exceptions to this rule. For example, if an employee is injured while engaging in illegal activity, such as drug use, they may not be eligible for workers compensation benefits.

Workers compensation is typically mandatory in the United States for most employers. This means that employers must provide coverage for their employees in the event of an injury or illness. There are a few exceptions to this rule, such as businesses with fewer than five employees or certain types of businesses, such as sole proprietorships.

Employees who are covered by workers compensation are typically not able to sue their employer for damages related to their injury or illness. However, there are a few exceptions to this rule, such as cases of gross negligence or intentional wrongdoing.
Workers compensation is typically paid for by employers through insurance premiums. In some cases, employees may also be required to contribute to the cost of their coverage.

Workplace injuries can occur with no warning

If You’ve Been Injured Out of State

Worker’s compensation laws vary from state to state. But you can generally file a claim in the state where the accident occurred. More accurate information about your state’s particular legal quirks and hurdles to securing damages can be obtained from a local workers compensation lawyer. In a region like the DMV, or any other where multiple state borders converge, you’d be well served to retain the services of an attorney admitted to the bar in multiple states.

If the injury occurred while working out of state from both the state where you live and the state where you were hired, you may be able to file a claim in both the state where you were injured and the state where you were hired.

Filing for Workers Compensation

To file for worker’s compensation, you will need to fill out a claim form and submit it to your employer. Your employer will then forward the claim to their insurance company. The insurance company will review the claim and make a determination on whether or not you are eligible for benefits.

Of course, this is just the outline of the process. Further reading on the process can be found via your state department of labor.

An attorney can review your claim and give you the best chance of success

Malloy Law Offices Can Help

If your or a loved one has been injured in a workplace accident, contact a worker’s compensation attorney. Their expertise in dealing with both the government and the insurance companies will be invaluable in making sure that your claim is properly processed and you secure the compensation you are entitled to. Attorneys at Malloy Law Offices, LLC are licensed to practice in DC, Maryland, and Virginia. With offices all over the DMV, we’re ideally placed to assist you with your claim. Call us today for your free consultation.