The workers’ compensation system you should file with depends on where you work and where the injury occurred, whether you sustained a work injury in Ohio, Kentucky, or Indiana. Learning more about workers’ comp jurisdiction can help you make the right choices when filing a workers’ compensation claim.
For help preparing work injury claims, consider consulting a Cincinnati tri-state workers’ compensation attorney at Young, Reverman & Bolotin by calling 513-400-0000.
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How to Determine Which State’s Workers’ Comp Laws Apply to Your Injury
Data from the Insurance Information Institute (III) revealed that 146,312,000 workers in the U.S. received workers’ compensation coverage in a recent year, including workers’ comp benefits for remote workers and those whose work takes place across state lines.
When trying to decide which workers’ comp jurisdiction applies to your case, there are several factors to consider, including:
- Where the Injury Occurred: Oftentimes, the state where the injury occurred would be where the worker would file a claim.
- The Principal Place of Employment: If you sustain a work injury in a state outside your employer’s primary place of employment, you may need to file under the laws that apply in the state of that place of employment.
- Where You Signed an Employment Contract: The state where you signed an employment contract could also factor into where you file, particularly if you suffer a work injury while traveling for business.
- The Benefit Amounts: If you have the choice to file a workers’ compensation claim in two jurisdictions, you may opt to file in the one with the highest maximum medical treatment coverage and disability benefits.
What Happens if You Work Across State Lines in the Tri-State Area?
Typically, if you sustain injuries in any state in the Tri-State area, you would file a claim in the state where the injury occurred or your employer’s principal place of employment.
Here are some steps to take to help you successfully file a claim when working across state lines:
Report the Injury to Your Employer
The first step, if you do not require immediate care, is to report your injury to your employer as soon as possible. Your employer could develop an injury report and indicate which medical professionals are under the workers’ compensation plan to seek treatment.
Seek Medical Care
You should also seek treatment as soon as possible to generate medical records and bills that could help prove the nature of your injuries.
Determine Which State Laws Apply
Depending on where the injury occurred and your employment contract, you need to determine which state’s laws apply to your workers’ comp case.
Check for Reciprocity Agreements
Certain states also have agreements enabling workers to receive benefits in their home state, regardless of where they sustain an injury.
Check for Extraterritorial Insurance
This insurance might also apply to your case, extending a state’s workers’ compensation laws to employees who are working in another state at the time of an injury. However, this insurance only applies to workers whose out-of-state work is temporary and not their usual place of work.
Key Differences Between Ohio, Kentucky, and Indiana Workers’ Compensation Benefits
There are differences to keep in mind when comparing Ohio, Indiana, and Kentucky workers’ compensation laws.
Ohio
According to workers’ comp laws in Ohio, temporary total disability (TTD) benefits cover an initial 72% of an employee’s average weekly wage for the first 12 weeks, followed by paying out 2/3 of the average weekly wage. Benefits pay out after a seven-day waiting period and become retroactive after 14 days.
Extraterritorial coverage in this state covers employees temporarily working out of state if the work is incidental to employment in Ohio. The state recognizes this coverage for 90 days.
Kentucky
In Kentucky, benefits pay 66.67% of the employee’s average weekly wage, up to the state maximum, with temporary and permanent total disability (PTD) benefits available. The waiting period for compensation in this state is seven days, with benefits retroactive after 14 days.
Regarding extraterritorial coverage, Kentucky provides this if employees injured out of state would have been eligible to recover benefits if the injury occurred in Kentucky.
Indiana
Like Kentucky, Indiana pays 66.67% of the average weekly wage, up to the state maximum. This state also comes with a seven-day waiting period and retroactive benefits after a 14-day window.
Similar to Ohio, Indiana recognizes extraterritorial overage of out-of-state employers for 90 days.
When to Consult a Workers’ Compensation Attorney
Navigating a workers’ comp claim could be complicated and lead to multiple challenges, especially when working out of state and sustaining a work injury.
For assistance determining workers’ compensation eligibility and determining which state’s laws apply, an experienced Ohio workers’ compensation lawyer could give you the guidance you need.
An attorney could help identify the state where you are able to file a claim. He or she may assist with completing and preparing all paperwork to help strengthen your case and recover total compensation.
To learn more about how an attorney can help, contact us at Young, Reverman & Bolotin to consult with one of our lawyers today. We can meet with you in an initial consultation to review the details of your case and determine where and how to file for compensation.
FAQs
1. Which state’s workers’ compensation applies if I live in one state but work in another?
Generally, injured workers would file a workers’ compensation claim in the state where they work. The location where the worker lives does not typically factor into a workers’ comp case.
2. Can I choose which state to file my workers’ comp claim in if I work in multiple states?
You may be able to choose which state in which to file your claim if you work in more than one state. Employees in these cases often choose the state with the better workers’ compensation benefits.
3. What if my employer is based in a different state from where I was injured?
If you sustain work-related injuries outside the state where your employer is based, you could file a claim with the state where the employer is or the state where the injury occurred. In cases where an employer has multiple locations in more than one state, you might need to determine the employer’s principal location.
