The Guide to Out-of-State Workers’ Compensation

Most employees aren’t going to give a lot of consideration to workers’ compensation unless something happens. When an injury occurs, it tends to become the focal point of a person’s life. Workers’ compensation can be difficult to navigate because every state has its own regulations. This can make it even more complicated for those who work in different states. If you are not in your home state when you suffer an injury but it is still work-related injury, you may be lost as to what to do next. This guide will help clear some up what your options are.

How Workers’ Compensation Works

In most states, all employers, if they have more than a few employees, have to have workers’ compensation coverage. Workers’ compensation provides wage benefits and medical bills coverage for those who are injured or become ill when at work. Most states mandate the coverages and the benefits will vary from state to state. Workers’ compensation is a social insurance. This coverage protects the employer from any lawsuits.

When to Report Out-of-State Work

No matter how often you work out of state, your employer still needs to report it to his or her broker. It doesn’t matter if you are only going to be working for a day. If you work at all, then you have to tell the broker. If the employer reports early, then they can guarantee that they have the appropriate coverage. In addition, in some states, if you do not report it, the employer can end up fined. In addition, employers receive estimated rates. Reporting gives employers a solid budget. It’s crucial for them to report it as soon as possible.

What Happens to Employees Out-of-State

If an employee is out of state, normally it’s the employee that can decide where to collect the benefits. You may be able to collect benefits in your home state or in the state where your injury happened. The rights and responsibilities of the employer dictate which benefits you can collect. In some instances, you may even be able to file for workers’ compensation in both but you cannot double it.

If you’re injured while working out of state, then you should be able to collect workers’ compensation benefits. Most of the time, you will have a choice between which state you collect from. It’s important that you file a claim right away after an injury. When it comes to workers’ compensation laws in different states, it may be difficult to understand. Consult with workers’ compensation attorneys in Queens, NY to clear up the laws.


Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and out of state injuries.