Getting Workers’ Compensation in Pennsylvania if You Live in Another State

Many workers move from state to state as part of their job, especially when they live or work near a border.  If your work takes you to Pennsylvania but you live in another state, you might be wondering how you file your claim.

Generally, Pennsylvania law covers injuries in Pennsylvania.  This means that you can file a Workers’ Compensation claim using Pennsylvania’s laws and systems in Pennsylvania even if you live elsewhere.  This is true even if your employer is located outside the state, too.  However, you might also be able to file your claim back home, and the potential choice of where to file should be discussed with a lawyer.

Contact our Certified Pennsylvania Workers’ Compensation Lawyers today at Cardamone Law by calling (267) 651-7945 for a free case review.

Filing for Workers’ Comp in Pennsylvania if You Are from Out of State

Pennsylvania law governs what happens in Pennsylvania, and our Workers’ Compensation laws are pretty secure in ensuring that people injured while working within the Commonwealth are able to file their claims here in Pennsylvania.  Our Pittsburgh Workers’ Compensation lawyers can take your case, review your injury, file the proper reports with your employer, and file petitions with the court to make your employer answer for your injury here, ideally getting you the benefits you are entitled to under Pennsylvania law.

This kind of issue can come up in a few different situations, but the result should be the same across the board: if you’re injured in Pennsylvania, you can file in Pennsylvania.

Living on the Other Side of the Border in a Neighboring State

Many people’s jobs take them across the border into Pennsylvania.  Especially in the Philadelphia area, you might live near Camden or Wilmington and commute into Philly or its suburbs for work.  This is also incredibly common in the Phillipsburg/Easton area, with people potentially crossing the border multiple times a day.

Pennsylvania shares a border with six other states, so it is incredibly common for people to live in New York, New Jersey, Delaware, Maryland, West Virginia, or Ohio and work in Pennsylvania.  Our law accounts for this and allows any of those residents to file their injury claim here if they work here.

Traveling for Work

If you were traveling to Pennsylvania for work, you should also be able to file a Workers’ Compensation claim here if you were injured here.  Whether you were traveling for consulting work, a conference, training, or for a meeting, a claim for a work-related injury in Pennsylvania can be filed under Pennsylvania laws even if your attachment to the Commonwealth was for this one-off purpose.

Transportation/Driving Work

Many workers drive for a living, whether they operate tractor-trailers, taxis, buses, or other vehicles.  If you were hurt in a crash while doing your job in Pennsylvania, you may be entitled to Workers’ Comp benefits under our laws.  Some states cut drivers and truckers out of their Workers’ Compensation coverage, so it might ultimately be better to file under our laws than in your home state.

Can You Choose Which State to File a Workers’ Comp Claim in?

The way that Pennsylvania law works is that it covers work accidents that happen within our borders, but § 305.2 of the Workers’ Comp Act also allows “extraterritorial” application of our Pennsylvania law.  This applies when you are hurt working outside of Pennsylvania but meet certain requirements listed in the statute, such as having an employer within Pennsylvania.  Other states have similar extraterritorial application rules of their own codes, which might ultimately give you a choice to file under your home state’s system instead of using the Pennsylvania system.

If your employer is in Pennsylvania and you usually work in Pennsylvania, you might not be able to file back home, depending on your home state’s rules.  In that case, you will have to use our laws and file here.

If you live and work elsewhere but were hurt in Pennsylvania while passing through or on a trip for work, then you might be able to choose between filing here or back home, and you should take the following considerations into account:

Benefits Covered

Pennsylvania Workers’ Comp benefits usually cover 2/3 of your lost wages and all of your medical care.  Other states might have benefits that cover a higher or lower percentage of your lost wages, potentially affecting your decision of which state to file in.

Injuries Covered

Different states’ Workers’ Comp rules include or exclude coverage for certain types of injuries.  This might also mean that you cannot file back home under state rules, but you can file here.

Workers Covered

Most states have rules about what kinds of workers are or are not covered, with most states carving out real estate agents, for example.  However, different states might also exclude agricultural workers, truckers, or other workers in certain industries.  If you would not be covered under your home state’s rules but you would be covered in Pennsylvania, you might be best filing here.

There is also a difference in state law as to whether an independent contractor is covered or not.  Some states have more strict rules for coverage, requiring many 1099 workers to still get coverage, but Pennsylvania excludes coverage for most independent contractors.  This should also factor into your decision.

Representing Workers’ Compensation Applicants in Pennsylvania Claims

Our attorneys have special certifications under Pennsylvania law that allow us to hold ourselves out as “specialists” when it comes to Pennsylvania Workers’ Compensation law.  If you were injured within the Commonwealth while working, we can put our skills to work on your case, which is something that a lawyer from another state might not even be allowed to do in Pennsylvania.

If you are considering working with a lawyer from your home state but filing your case in Pennsylvania, they might not be barred to practice or certified as a specialist under Pennsylvania law, and you might be better off bringing your case to us.  On the contrary, our practice is exclusive to Pennsylvania, and if you decide it is best to file your case in your home state, we likely will be unable to help you file there.

Call Our Certified Pennsylvania Workers’ Compensation Specialists Today

For a free review of your work injury claim, call (267) 651-7945 to speak with Cardamone Law’s Philadelphia Workers’ Comp lawyers.