Workers’ Compensation is administered differently in each state, with different rules for how much is covered, what industries are covered, and how long benefits last. Being injured in another state may block access to compensation under Pennsylvania’s system.
Injury cases are usually handled under the laws of the state where the accident physically happened. However, there may be some exceptions that let you take the case back to Pennsylvania. For example, if you live and work in Pennsylvania, but you just so happened to be working for your Pennsylvania employer out of state when your accident happened, you may be able to file back home.
For help determining whether you have a case in Pennsylvania, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
Which State Do You File for Workers’ Comp in?
When trying to figure out which state you file your case in, there are four locations you might expect to be possible options:
- The state you were injured in
- The state you typically work in
- The state you live in
- The state your employer’s main headquarters is in.
Typically, injury cases follow the injury itself, meaning you are allowed to file in whatever state the injury happened in. Note that filing in the other state may be an option, but you might want to bring the case back home to Pennsylvania instead.
This is allowed under § 305.2 of the Workers’ Comp Act if the injury would have qualified for coverage under the Act if it had instead happened in Pennsylvania. However, you must also meet at least one of these requirements:
Principal Location in Pennsylvania
If the job’s principal location is in Pennsylvania, then you can potentially file your claim in Pennsylvania, whether you live here or not, and whether the employer is located here or not.
For your job to be “principally localized” in Pennsylvania, you typically need to show these factors are met, according to the Pennsylvania Commonwealth Court in Watt v. WCAB (Boyd Brothers Transportation) (2015):
- The employer has a place of business in Pennsylvania, and you work there or from there or
- Your job tasks took you away from place of business in Pennsylvania to another state for under a year (e.g., on a one-day job or a multi-day trip).
If neither applies, we look to a third factor:
- The worker lives in and spends most of their working time in Pennsylvania.
Basically, if you work at a store or other permanent location for an employer in this state, then your job is located in Pennsylvania. The same is true if you live here and do most of your work here “as a rule, not as the exception.”
The principal location can also be defined in an employment contract in some cases.
Contract for Hire Made in Pennsylvania
If you have a contract for hire made in Pennsylvania, under Pennsylvania law, then you may be able to file in Pennsylvania if any of these three conditions are met:
- Your job’s principal location can’t be assigned to any one state. This is typical for remote or internet-based jobs, where there is no real job site or location you go to. It is also common for jobs that move you all over the country, e.g., consulting or trucking.
- Your job’s principal location is in another state, but that state’s rules don’t reach your employer. This is a bit more of a complex situation and generally steps in to allow for Pennsylvania coverage when the coverage in the “right” state wouldn’t be possible.
- Your employment is outside the U.S. This is common for foreign-facing jobs with U.S.-based employers as well as foreign jobs for foreign employers.
Can You Claim Workers’ Comp in Two States?
For you to get Workers’ Comp in Pennsylvania, you would have to give up Workers’ Comp in another state. You cannot get Workers’ Comp in both states at the same time.
Because your injury happened in another state, you may qualify for Workers’ Comp there. In the same manner, someone who was injured here but usually works and lives elsewhere would be allowed to file their claim in Pennsylvania.
However, you have to choose which state you want to file in. Just because you can file in another state doesn’t mean that is the best option. You should have our Philadelphia Workers’ Comp lawyers compare your possible options and advise you on where to file.
FAQs on Extraterritorial Application of the Pennsylvania Workers’ Comp Act
What if My Injury Happened in Pennsylvania?
If your injury occurred in Pennsylvania, then you can typically file your claim in Pennsylvania. This is true even if you live out of state, your employer is out of state, or you typically work out of state.
How Do I Choose Where to File?
There are a few factors to consider, such as where you will have to go to get care and attend hearings. If you have to travel far, it might be harder to file your claim in another state than it would be to file at home in Pennsylvania.
Which State’s Workers’ Comp is Better?
If you have the option of getting more benefits or higher coverage by filing your claim in another state, that might be a better option. Our lawyers can compare the coverage in Pennsylvania to the other state’s coverage and advise you on other factors to make your decision.
Can You Help Me File My Claim in Another State?
Our firm practices in Pennsylvania and has specialists in Pennsylvania’s Workers’ Comp laws. We do not typically handle cases filed in other states.
Can I Sue in Pennsylvania for Work Injuries in Another State?
While Workers’ Compensation might be allowed under Pennsylvania’s rules, lawsuits might not be. Lawsuits are typically governed by the laws where they happened.
There may be exceptions based on where the at-fault party is located or headquartered, but filing a case far away from where the accident happened presents its own challenges. Always check with a lawyer.
Can Interstate Truckers File Workers’ Comp Claims in Pennsylvania?
If you work as a truck driver, filing your claim in Pennsylvania for an injury in another state might be hard, unless your employer is also located in Pennsylvania.
The Watt case (discussed above) dealt with a trucker who spent more time driving in Pennsylvania than any other state, but the court denied his claim because his driving time in Pennsylvania was under 50% of his driving time. That case also had a work contract from an employer located in another state.
Always check with a lawyer to determine where your claim should be filed.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For help with your potential claim, call Cardamone Law’s Lehigh Valley, PA Workers’ Comp attorneys at (267) 651-7945.
