Do My Workers Comp Benefits Extend out of State?
If you are injured during work hours at a company facility, your workers comp claim should be reasonably straightforward. But what if you are working in another state when you are injured, or even another country? Do you have the same rights? Can you expect to collect the same level of compensation?
Workers comp laws are statutory, meaning each state has their own rules. When a worker is injured out of state, the company must file an “extra-territorial” workers comp claim.
If an employee is traveling for a short time (typically less than 90 days), their home-state insurance policy should cover any out-of-state injuries. Longer trips, however, may warrant extra coverage.
In some states, businesses can opt for “other states coverage”, which would expand their workers comp policy to cover employees operating in other states. However, not all states offer it.
Ohio, Wyoming, North Dakota and Washington operate under monopolistic workers compensation statutes. In these states, businesses have to buy workers comp policies directly from the state government if they want their employees to be covered.
If an employee is out of the country for an extended period of time, employers can purchase a foreign voluntary workers comp policy, which would extend benefits to employees overseas.
These foreign policies can also cover endemic disease and repatriation costs, which are often overlooked in domestic policies. Endemic diseases are specific to a country or region (i.e. malaria), and may not be covered by policies in your home state.
Repatriation expense coverage reimburses the insured party for the extensive costs of transporting a sick or injured person back to the U.S.
Can I Still Collect Workers Comp If I Was Injured out of State?
Your employer is responsible for your health and safety no matter where they choose to assign you. Do not allow your employer to make you pay for injuries you sustain on the job. Before any business trip, make sure to be informed about you rights and the specifics of your workers comp coverage.
If you were injured out of state and your employer refuses to provide coverage, call Larrimer & Larrimer, LLC. Our lawyers are extremely well versed in workers comp law, and we can help restore your rightful benefits so you can focus on getting better.
[Did You Know: If you are injured while working out of state, you can apply for coverage in your home state or the state you were injured in.]
Larrimer & Larrimer, LLC—Columbus Workers Comp Attorneys