Filing a Workers’ Comp Claim When You Live and Work in Different States
Workers’ compensation laws may seem easy to understand at first, but you have to understand that the laws vary by state. Employees typically must file workers’ compensation claims in the state where they perform their work. But what happens when someone splits time between home and occasional work in another state?
That was the situation in a recent case involving a director of customer education at an engine additives company. This director spent most of his time working from his home in New Jersey, but about once a month he would travel to the company’s Pennsylvania office, which was several hours away, for sales meetings or to pick up supplies.
His employment agreement contained a clause stating that the agreement would be governed by Pennsylvania law and that any lawsuit must be brought in Pennsylvania courts.
After injuring his back while traveling, he filed a workers’ compensation claim in Pennsylvania. A workers’ compensation judge dismissed it for lack of jurisdiction, and the employee appealed.
On appeal, the court reaffirmed that an out-of-state injury may be filed in a given state only if the employee’s work is “principally localized” in that state. To qualify, two conditions must be met:
- The employer must have a business location in that state.
- The employee must regularly work from that location.
However, a written employment agreement may also designate a state as the principal location of work. In such cases, a traveling worker could file in that designated state.
In this case, though, the employee’s infrequent trips to the Pennsylvania office did not amount to “regular” work there. Furthermore, the employment agreement did not specifically localize his work to Pennsylvania or address workers’ compensation. Instead, it designated Pennsylvania law for disputes over the contract itself. The agreement made no mention of workers’ compensation.
As a result, the court affirmed the judge’s decision: Pennsylvania lacked jurisdiction over the claim.
What Does Lack of Jurisdiction Mean?
Jurisdiction refers to a court or administrative body’s legal authority to decide a dispute. In workers’ compensation, jurisdiction typically depends on where the employment is “principally localized.” Courts consider factors such as where the employer has a business presence, where the employee regularly works, and what the employment contract says.
If an employee’s connection to the state is too limited, as is what happened in this case, then that state may lack jurisdiction to handle the claim. When jurisdiction is lacking, the claim must be filed in another state where the employee’s work is more clearly based. This ensures that claims are resolved under the laws most connected to the actual employment relationship.
Contact a New Jersey Personal Injury Lawyer Today
Workers’ compensation laws can be complex, as each state is different. If you live in one state and work in another, you could be subject to different laws, even if you are just an hour or two away.
A Morristown workers’ compensation attorney from The Law Offices of Michael P. Burakoff can assist you if you have been injured in the workplace. Schedule a consultation today by filling out the online form or calling (973) 455-1567.
Source:
workerscompensation.com/daily-headlines/could-traveling-employee-who-sometimes-went-to-pa-office-file-workers-comp-claim-there/
