If I Am Injured At Work In Another State Outside of Pennsylvania, Can I Still Pursue Workers’ Compensation Benefits In Pennsylvania?
Yes, but only in limited circumstances. This falls under the extraterritorial provisions of the Pennsylvania Workers’ Compensation Act, added in 1974.
Here are situations where an injured worker can pursue Pennsylvania Workers’ Compensation benefits if the injury takes place outside of Pennsylvania:
1) the employment is principally localized in Pennsylvania; OR
2) the employee is working under a contract of hire made in Pennsylvania in employment not principally localized in any state; OR
3) the employee is working under a contract of hire made in Pennsylvania in employment principally localized in another state whose workers’ compensation law is not applicable to his or her employer; OR
4) the employee is working under a contract of hire made in Pennsylvania for employment outside the United States and Canada.
[note that you have a choice- thus the “OR“, rather than “AND“]
Naturally, the next question is what does “principally localized in Pennsylvania” mean? Section 305.2(d)(4) defines it as follows: “A person’s employment is principally localized in this or another state when (i) his employer has a place of business in this or such other state and he regularly works at or from such place of business, OR (ii) having worked at or from such place of business, his duties have required him to go outside of the State not over one year, or (iii) if clauses (1) and (2) foregoing are not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.”
Additionally, there may be questions in a particular case as to what “regularly works” means as well. These are often complicated fact patterns and I am happy to work through your facts and apply them to the framework above to render my opinion as to whether Pennsylvania will have jurisdiction. Pennsylvania has more favorable workers’ compensation laws, generally speaking, for injured workers than many surrounding states. We are a lost earning power state so wage loss benefits can be payable, theoretically, without end, so long as the work-related injury causes a loss in earning power. (noting that once a conversion to partial disability applies, there is a 500 week cap).
If you were injured outside of Pennsylvania, but believe one of the above circumstances may apply to your case, call or email Certified Pennsylvania Work Comp Attorney Michael W. Cardamone at (267) 651-7945 or Michael@CardamoneLaw.com
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