If you work for a New York-based employer and travel out of state for work, you might wonder what happens if you get injured. Understanding your rights and possibly claiming workers’ compensation benefits from multiple states is crucial in maximizing your benefits.
What is concurrent jurisdiction?
Concurrent jurisdiction occurs when more than one state has the authority to handle a workers’ compensation claim. This situation can arise if you work in one state and sustain an injury while working in another. In such cases, you can file claims in both states.
Factors determining jurisdiction
Several factors determine whether you can claim workers’ compensation benefits from multiple states:
- Location of injury: The state where the injury occurred often has jurisdiction over the claim.
- Employer’s location: New York may have jurisdiction if your employer’s office is in New York, and they direct and control your work activities there.
- Employment contract: The state where you signed your employment contract can also play a role.
- Employee’s residence: Your residence may influence jurisdiction, especially if you live in New York.
These factors ensure that New York’s workers’ compensation system may still cover you, even if you work out of state.
Filing concurrent claims
If you sustain an injury while working out of state, you can file workers’ compensation claims in New York and the state where the injury happened. This can be beneficial if one state offers more favorable benefits. However, navigating concurrent claims can be complex, and seeking legal counsel is advisable to ensure you receive the appropriate benefits.
Claiming compensation
Working out of state for a New York-based employer doesn’t mean losing workers’ compensation coverage. Understanding the factors determining your eligibility and knowing the steps to take if injured can help you navigate the process smoothly.
If you have any questions or need help with your workers’ compensation claim, feel free to reach out to a knowledgeable legal professional.