Workers’ comp is designed to protect anyone with a dangerous job. No matter what kind of injury it is, if it happens as a result of doing your job, workers’ comp will take care of you for any resulting expenses. This is a nation-wide system, but each state handles it slightly differently. This guide will explain all the issues that might arise if you live and work in two different states.
Filing for Workers’ Comp
The key thing to remember is that workers’ comp is handled on the employment side of things. So if you live in one state and work in another, you will handle it exactly as if you lived in whichever state you work in. It is the state you work in that matters and you can ignore the state you live in entirely.
To file for workers’ comp, all you have to do is report the injury to your employer. After that, it is the legal responsibility of your employer to file the claim. For the most part you can focus on getting better and let your employer take care of things. Your employer will likely provide you with some paperwork to sign, but that is it. While this is the case, it may be wise to check in with your employer occasionally to be sure he or she is continuing to handle things. You should hear whether your claim was accepted or rejected just a week or two after reporting the injury. If your employer does not file a claim, you may have the option of legal recourse against your employer.
Differences Between States
Workers’ compensation can function in one of two different ways, and each state chooses one of these two methods. They are:
- State run workers’ comp
- Privately run workers’ comp
If your state has a dedicated agency for workers’ comp, then things are very simple. Your employer files the claim with the agency. You also will know exactly who to report to if your employer fails to meet your workers’ comp rights.
If your state has privately run workers’ comp, it will work similar to insurance policies. Employers in these states are required to choose a private workers’ comp provider and pay regular fees to keep the benefit active at all times.
If you are injured while working and you do not work in the same state that you live in, your first step should be to figure out which system the state you work in uses. Speak with a workers’ compensation lawyer, like a workers’ compensation lawyer in Green Bay, WI, for more information on whether or not you may have a claim.
Thanks to Hickey & Turim for their insight into how workers’ compensation is different if you live and work in different states.