One of the best protections you have as an employee is workers’ compensation coverage. Though some employers are exempt from offering this coverage, most individuals can benefit from it. You benefit by being given the compensation you deserve to recover from an injury, and your employer benefits by having protection against a lawsuit. As someone who works out-of-state, you might wonder where to file your claim after a workplace injury. Do you file it in the state where you live or the state where your employer is located?
Who Holds the Policy?
When you consider who holds the actual insurance policy, it will begin to make sense where you file your claim. Workers’ compensation is an insurance policy that is held by the employer, rather than the employed. This means when you are injured on the job, you’re receiving compensation through your employer’s insurance policy. Your employer has to have insurance in the state where they are located, so that’s also the state where you would file the claim.
When Should You File?
Keep in mind that because your out-of-state employer holds the out-of-state insurance policy, you have to comply with the out-of-state statute of limitations. If the state in which you live has a three-year statute for filing workers’ compensation claims, but the state in which your job is located only has a one-year statute, you’ll have to comply with that one-year time limit. Be sure you understand the statute of limitations so you don’t end up forfeiting your rights to compensation.
How Do You File?
Filing a workers’ compensation claim is similar to filing any other type of claim. Your employer should have already reported the incident to the state workers’ compensation board, as well as the insurance company. Your lawyer can then help you fill out the proper paperwork and get it submitted. The insurance company would then probably take up to one month to investigate the claims and make a decision. If the claim is approved, you would receive an offer for compensation. If the claim is denied, you could then compile an appeal with your attorney.
What to Do Next
Whether you travel long distances for your employment, or work just over the border in a neighboring state, it could get confusing when you are injured on the job. Speak with a workers’ compensation lawyer, like a workers’ compensation lawyer in West Bend, WI, to learn more about workers’ compensation and where to turn when you are entitled to coverage. Your attorney can help you through the process whether you are filing in-state, out-of-state, super early or a little late.
Thanks to Hickey & Turim for their insight into where you should file your workers’ compensation claim if you work in a different state than which you reside.