Can Out of State Travelers File a Workers Comp Claim?

0
84
Workers Comp

Workers’ compensation insurance is beneficial not only for employees but also for employers. Filing this type of claim will help workers in the case that they get injured or hurt due to their occupation.

In general, workers’ compensation is theoretically simple. If you (an employee) get injured on the job, you file a claim and get compensation. However, there are a lot of scenarios, policies, and such that can make it complicated. 

There are still a lot of factors that need to be considered when you file a workers’ compensation claim. One factor pertains to the injury – what type of injury you received, how did you get it, and where were you injured. 

If you got the injury in the office, then there’s little to no question that it should be covered by the insurance. But what if you travel for work? What if you got injured while traveling? Would your injuries still be covered? 

For out of state employee travelers, workers’ compensation coverage can be tricky. So here are some things you need to check and know to make sure you are protected.

Insurance Laws 

Insurance laws will be something you should be aware of if your job requires you to travel to different states or even countries. You need to understand that workers’ compensation insurance laws are different in each state. 

There may be similarities but at the same time, there will be significant differences in policies and coverage that will affect your claim if ever you receive a work-related injury while traveling. 

You must look into what is the answer to these questions depending on which state you are in: 

  • Which business should be acquiring workers comp coverage? 
  • What should be the coverage limits that the business carries?
  • Is it possible for employees to get insurance from a state fund, private entities, or can they get it from both? 
  • What are the benefits that the employee will get? 
  • What type of injuries or causes is valid for compensation?
  • How long can an employee file a claim?

Jurisdiction

Like what was stated above, every state has its own way of filing a claim. Related to insurance laws, jurisdiction is one of the factors that make a workers’ comp claim seem like a nightmare. This is because a claim may be under the jurisdiction of several states. 

How can two or more states have jurisdiction over a claim? This situation could happen when the injury and business are situated in different places. The bright side to this is that when this specific scenario happens, the employee can choose which state can give the better benefits.

There are other reasons that can affect which state would have jurisdiction over a workers’ compensation claim. It could be because an employee lives and works in different states or possibly because he is visiting a different state for work. 

Work and Home is in a Different States

There are instances where employees live in different states then travel to their offices which are located in a different one. It is also possible that the person works at home while the company they work for is based in a different state; this is considered an out of state work. 

Work Out Of State Travels

There are also businesses wherein it is usual or common for workers to travel to different places. For some, it could be occasional, like for example, for conferences, meetings, gatherings, or events. 

Typically, for these types of scenarios, there is extraterritorial coverage for employees. The issue with this is that for some states the benefits are limited to a specific range of days and they require employees to take a test to qualify for the benefits.  

One more problem an out of state employee might encounter is reciprocity. Since there are different coverages from the receiving and sending states, workers’ compensation claim policies become more complex. There are three levels of reciprocity: no reciprocity, full reciprocity, and limited reciprocity.  

If ever you got into an accident and got injured while on the job, one of the first things you need to do is to inform your employer about what happened and file a claim. You must report what happened immediately as soon as possible. No matter how minor or major your injuries are. 

When filing a claim, time is essential. Even if you are unsure of the extent of your injuries and you might not have the answer for some questions that your employer might ask to consider your claim, you should file a claim.

It will be best if you can remember and take note of the details about the accident you were involved in. Details like when and where was the accident and what exactly happened are important. 

When you have filed a claim with your employer, you must visit a doctor to get medication and treatment and to also know the extent of your injuries. Usually, your employers will direct you to a physician but this might not always be the case since especially if you were injured out of town. The important thing is that you go to a doctor to assess your condition. 

So it all comes down to the question: can an out of state traveler file a workers’ compensation claim? The simple answer is yes. But again there are a lot of factors to consider. As an employee, you need to verify your coverage. You also need to look out for extraterritorial and reciprocity exposures and be mindful of varying workers’ compensation insurance laws in different states. 

It is a must for every employee to file a compensation claim whenever they come across a work-related accident. It is for their protection as an employee in a company. Whether it be a minor or major injury, or a local or out of state incident, you should know that you can file a claim.

Comments

comments