If I live in Pennsylvania, but I was hurt in another state, can I still file a workers’ compensation claim in Pennsylvania?
We often get asked by Pennsylvania residents—hurt in other states—if they can file their workers’ compensation claim in Pennsylvania. The answer to this question is “maybe.” Pennsylvania (and most states) provide that you may file a claim if you were hurt while working here or if you were hired here. So, for example, if you live in Pennsylvania, but were hired by a factory in Ohio and commute there every day, the answer is that your claim must be filed in Ohio.
However, if you were hired by a construction company and are injured while working on a project in New York, you can (and probably should) file your claim in Pennsylvania. Generally speaking, Pennsylvania benefits are better than both those of Ohio and New York. Of course, individual circumstances may vary.
Thus, the general rule is that if you were hired in Pennsylvania, and were injured in another state, it is necessary to examine the benefits in that state to determine if you should file in Pennsylvania or where the injury occurred. Please note also that some employers, notably trucking companies, often have employees sign agreements to file compensation claims in a certain state, often Indiana, which has laws that are very unfavorable to injured workers.
While these agreements are generally valid, we are happy to review your case to determine if there is some reason that it may not be enforceable. Any time there is a difference between the state of hire and the state where the injury occurred, it makes sense to seek legal advice to determine how best to proceed. At Bernard Stuczynski & Barnett, we are happy to review your injury claim with no cost or obligation. Give one of our experienced workers’ compensation attorneys a call at 814-452-6232 for a free sit-down consultation!