Can I Move to Another State While on Workers’ Compensation?

The short answer is yes, you can move to another state while on workers’ compensation. However, it is important to know that moving to another state may impact benefits if the proper paperwork or processing is not completed correctly. It is always best to consult with your workers’ compensation attorney before making a move to ensure all of your paperwork and affairs are in order. 

How Moving Can Impact Workers’ Comp Benefits

Moving can impact workers’ comp benefits in several different ways. If you need to do any hearings or attend any depositions, moving may make that considerably difficult. Attending hearings or depositions is critical to obtaining or maintaining benefits, so being farther away may put your benefits at risk if it is impractical for you to attend these in the state you once resided in before. 

Furthermore, moving may complicate paperwork. Paperwork needed for the workers’ comp benefits in your previous state may be difficult to track down or obtain. Any important documents in the mail may get sent to your old address, which would cause you to miss important steps, complicating the obtaining or maintaining of your benefits. 

Additionally, moving to another state may encourage your employer to use that as an excuse to terminate your benefits. While this is not a guarantee, it is also not beyond the realm of possibility. That is why consulting with a workers’ comp lawyer and ensuring everything is iron-clad before your move is essential. 

How to Keep Your Temporary Total Disability (TTD) After Moving

Temporary Total Disability (TTD) is a bit trickier to deal with than standard workers’ comp benefits. In some states and jurisdictions, the workers’ comp insurance companies responsible for your TTD may try to leverage the fact that you are moving to avoid paying your benefits altogether. 

How it could work varies from state, but generally speaking, the workers’ comp insurance company may instruct your employer to offer you work within your TTD restrictions. If you refuse (which you would because you are moving), then that would mean you technically refused work under the TTD work restriction guideline. Thus, you would lose your benefits. 

The insurance company’s main goal is to save money. Even though this scenario is highly unethical, insurance companies are not above doing this or other tricks similar to this if you are on TTD and trying to move. So be sure to consult with your attorney to ensure this does not happen to you. 

Workers’ Comp: What to Do Before Moving 

Here is a small checklist of what to do and what to consider before moving while receiving workers’ comp benefits:

• Know Your Rights – Each state has its own governing rules surrounding how workers’ comp works. Do your research and get professional help to ensure that your benefits are not at risk when you move. 
• Notification of Address Change – Before you move, notify everyone involved with your workers’ comp benefits, including your employer, their workers’ comp insurance carrier, and all other relevant parties within your state and the state you are moving to. It is best to over-communicate your move to ensure nothing gets left out.  
• Find New Physicians and Care Providers – Ensure a smooth transition for new physicians and care providers in the state you are moving to. Secure referrals early and give notice to the insurance adjuster. 

Above all else, consult with a workers’ comp attorney. The checklist above is only the bare minimum. An attorney can help find any gaps in your transition before they become a major issue and help you plan for your move so that your benefits transfer over seamlessly. 

Jurisdiction Issues: Which State’s Law Applies?

Broadly speaking, when it comes to workers’ comp, the laws of the state where you received your workers’ comp benefits will apply. But remember, this is not always the case. It ultimately depends on where you move to. For example, certain states have reciprocity agreements and special provisions for individuals working or living in another state. 

Some states have reciprocity agreements or special provisions to address workers’ compensation cases involving employees working in states or for companies in states other than where they primarily live, such as when an employee relocates to a new state.

Also, the coverage and benefits you can receive vary from state to state, including benefit limits, compensation rates, duration of your benefits, and types of injuries that can be covered. Moving to a new state may mean that the benefits you were once eligible for are now not available to you. To better understand all of the intricacies of workers’ comp laws and how they apply from state to state, it is best to talk to your workers’ comp lawyer. 

Can You Get Workers’ Comp if You’re Temporarily Working Out of State?

Generally speaking, yes. The above would still apply. Your workers’ comp benefits will hold over when you move or if you are working out of state temporarily. But again, it is important to understand that this varies from state to state, and there may be exceptions or additional rules. 

How Does Workers’ Comp Work if You’re a Remote Employee?

Remote employees are eligible to receive workers’ comp from their employer, even if they are not located in the state where their employer is operating. If a remote employee suffers an injury on the clock, they can file a workers’ comp claim. If the claim goes through, it will typically be under the laws of the state they currently reside in, not the state where the employer is currently based. 

Talk to a Workers’ Comp Attorney at Pond Lehocky Before You Move

Workers’ comp law can be confusing to navigate, especially when multiple state laws get involved. While you focus on your move, allow the workers’ comp attorneys here at Pond Lehocky to ensure that you continue to receive the benefits you deserve. You can avoid potential headaches by ensuring that your move will not impact your workers’ comp coverage in any way. 

Do not hesitate to contact our lawyers risk-free. Call us before you need us.