Multi-Jurisdictional Workers' Compensation Claims

Description

In today's mobile workforce, counsel for workers' compensation claimants and employers more and more often encounter situations where a worker is employed in one state but suffers an on-the-job injury in another state. The question arises: Which state's laws apply regarding benefits, rights and responsibilities?

The state where an injury occurs has jurisdiction, but most states can also assume jurisdiction if an employment contract was initiated in that state or if that state is the principal place of employment. Claimants and employers often disagree on which state has jurisdiction over claims.

To further complicate matters, dual jurisdiction can exist in some situations, and benefits are partially paid by both states. Counsel for claimants and employers must determine the most appropriate jurisdiction for a claim—and understand how to handle conflicts of law.

Listen as our authoritative panel of workers' comp counsel discusses best practices for handling multi-jurisdictional claims, including considerations for differing laws regarding benefits, physician choice, waiting periods, vocational rehabilitation, length of pay period, employer tort liability, and recovery rights through insurance subrogation.