Many injured workers want to move closer to family or get a change of scenery after a serious work injury, potentially choosing to move out of state. If you are collecting Workers’ Compensation in Pennsylvania or filing a claim for benefits, are you allowed to move? How does it affect your case?
Generally, you can move out of state while getting Workers’ Comp benefits, but it could affect your case. There is no requirement that you live in Pennsylvania in the first place; Workers’ Comp is required so long as you work in Pennsylvania. Moving just across state lines might not be an issue at all, but moving a far distance could complicate medical care, medical exams, and your return to work.
For help with a claim, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law right away at (267) 651-7945.
Can I Move Out of Pennsylvania After Filing a Workers’ Comp Claim?
If you live and work in Pennsylvania and you already filed a Workers’ Compensation claim or already had your benefits or settlement paid, then you are legally allowed to move out of state.
If your case is already done and settled, then there should be nothing you would even need to come back to Pennsylvania for. You are usually permitted to pack up, take your settlement with you, and leave the state.
If you are receiving ongoing benefits, you may move, but you still have to keep up with any ongoing medical care requirements and attend independent medical exams (IMEs) and impairment rating evaluations (IREs) as required. This could complicate matters.
If your case is still pending and you have not been paid, you can still move, but your case is still being handled in Pennsylvania. This may complicate hearings as well as IME/IREs and more.
Do I Have to Live in Pennsylvania to File a Workers’ Comp Claim in Pennsylvania?
Pennsylvania’s Workers’ Comp rules require coverage for all workers in Pennsylvania, and these rules govern your case if you were injured while working here. These rules say nothing of where you have to live, so you can still file your claim in Pennsylvania, no matter where you live.
Many people live in New Jersey or Delaware and commute to work in Pennsylvania. This should not hurt your case at all, especially if you live only 20 or 30 minutes away.
If you have a multi-hour commute or were injured here on a long-distance business trip, then that could complicate hearing and IME/IRE attendance, as well as other issues discussed below.
How Moving Affects Medical Care
Medical care can be affected by your move out of state in two major ways:
What Doctors You Can See
When you get medical benefits for Workers’ Comp, you need to see approved care providers in the first 90 days. If you move out of state right away to be with family who can help care for you after your injury, then it might be difficult or impossible to get care from approved providers.
Employers have lists of panel doctors that you have to use in these first 90 days, and you can typically only go off list if you need a specialist they haven’t listed. If all of their doctors or health networks are only local to them, then you may need to travel for medical care, which could make leaving the state difficult.
After 90 days, you can treat with whatever providers you want as long as their licensure meets the requirements.
Coverage Amount
Another consideration is that medical care costs are based on the reasonable cost, as defined by medical practice in Pennsylvania. If you move somewhere where medical care is much more expensive, the benefit you get might fall short of full coverage.
How a Move Affects Medical Exams
IMEs may be required early on in your claim to confirm your disability. Then, after 2 years of being on benefits, your employer can demand your attendance at an IRE at that point and every 6 months after. If an IRE reveals that your whole-body impairment is under 35%, you can be changed from total disability status to partial disability status, meaning you can get only 500 more weeks of benefits.
These IMEs/IREs are done with doctors your employer or their insurance carrier chooses, which typically means they will be local to the employer. Employers do need to pay for reasonable travel to get you to the appointments, but if you are many states away, this becomes quite expensive.
Employers may seek to terminate benefits rather than have to pay these costs. However, if you are close enough that transportation is not a major concern, the additional burden of traveling might be something you have to deal with.
How a Move Affects Your Return to Work
If your employer wants you to take your job back after your recovery, a big move could make that impossible. While your employer does not have to hold your job open for you, they may expect you to return to them after you heal up, and moving might complicate the relationship.
Part of the assessment of when and whether you can return to work is an assessment of the surrounding area to see what work is available based on your work restrictions. If your doctor says you can go back to limited work, then you may be required to do so, assuming there is work available in your area.
However, the area that they look at is usually where your work injury was. This could make it hard if you have moved across the state, let alone out of state. However, if you moved nearby just across state lines, this might not be an issue.
How Can I Protect My Case When I Move?
Depending on the specific facts of your case, there may be some things our Philadelphia Workers’ Comp lawyers can do to help you. For example, if you settle your case, and you have all the damages paid already, then you can likely move without as much hassle. Helping you settle quickly might be our main goal to help you move to where you need to be to flourish.
We may also be able to negotiate with insurance carriers, employers, and courts about potential issues, such as scheduling IMEs/IREs around your travel requirements or trying to minimize the hardship of dealing with a case in Pennsylvania, especially if your move was necessary to get care at home.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Contact Cardamone Law’s Fort Washington, PA Workers’ Compensation attorneys at (267) 651-7945 for your free case review today.
