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Which State has Jurisdiction in My Workers’ Compensation Claim?


Philadelphia Workers’ Compensation lawyers helps determine which state has jurisdiction over your claim.Workers’ Compensation can be a tricky process. Some states are more generous with benefits after an employee gets hurt on the job, while other states are not. If you were injured on the job, or if you are an employer, you may have questions about jurisdiction.

What is Jurisdiction in a Workers’ Compensation Claim?

Jurisdiction determines which state law applies regarding Workers’ Compensation and whether the employer retains immunity from a civil suit. Each state controls the law within its boundaries, so Workers’ Compensation laws are different from state to state. Each state exercises their jurisdiction in three different ways:

  • If the injury happens within the state’s borders
  • Jurisdiction will be applied in 43 states if the contract of employment was made within the state
  • Jurisdiction will be applied in 40 states if a person’s primary place of employment is located in one state and the injury took place while contracted to work in another state

The exception to this is that 15 states will not apply their law to out-of-state employers with insurance under another state law.

What is Workers’ Compensation?

Workers’ Compensation provides benefits for employees injured on the job, as well as employees who have developed an illness as a result of working conditions. Workers’ Compensation benefits pay for medical expenses, as well as wage-loss benefits if you are left unable to work. If an employee dies as a result of their injuries or illness, the family of the deceased employee will be provided with death benefits, as well as funeral expenses.

Determining Which State is Responsible for Workers’ Compensation Benefits

To determine which state is responsible for Workers’ Compensation benefits, you should look for a few things:

  • The place where the injury occurred
  • The place where the employment relationship exists
  • The place where you made the work contract
  • The place where the employee resides

Concurrent Jurisdiction

Jurisdiction can be confusing. Sometimes more than one state’s laws can apply if an employee works in one state but was injured while contracted to work in another. If this is the case, the claimant can pick which state’s benefits are the better option. The claimant can also choose to pursue benefits in the second state after receiving benefits from the first, or file two claims at once.

Determining Which State has Jurisdiction

In order to determine which state has jurisdiction, there are a few things you can do:

  • Figure out the location where the work accident took place as soon as you can
  • Check the state law where the injury occurred to determine whether the state will encompass all injuries sustained within that state
  • Check employment contracts
  • Figure out where the employer spent most of their time
  • Seek legal counsel

Philadelphia Workers’ Compensation Lawyers at Gross & Kenny, LLP Represent Individuals Injured on the Job

It can be difficult to navigate the Workers’ Compensation process, but the right lawyer can help you through it step-by-step. Contact a Philadelphia Workers’ Compensation lawyer at Gross & Kenny, LLP. Our experienced lawyers will fight for your rights and obtain the compensation you deserve for your injuries. For a free consultation, contact us online or call us at 267-589-0090. Located in Philadelphia, we represent clients throughout Pennsylvania.