Cross-Border Claims: Filing For Workers’ Comp in California When You Were Injured on an Out-of-State Assignment
If you were injured on the job while on an out-of-state assignment, it's common to feel unsure about what to do, how to handle medical treatment, lost wages, and transportation costs, and how to support yourself during recovery.
An out-of-state assignment doesn't necessarily mean you lose the protections available under California workers' compensation law. However, you'll first need to determine whether it's better to file a workers' compensation or personal injury claim. A workers' compensation claim generally addresses workplace injuries without requiring you to prove that your employer was negligent, while personal injury claims involve different legal standards and potentially different parties.
At The Law Office of Cezar J. Torrez, I help injured workers review their circumstances and file workers' compensation claims to pursue the compensation they need for their recovery. Whether California workers' compensation applies to an out-of-state injury can depend on where you work, where your employment was based, and your at-work capacity when the injury occurred.
Located in Carmichael, California, I serve clients throughout East Sacramento, Oak Park, South Natomas, North Sacramento, West Sacramento, North Natomas, Arden-Arcade, Rosemont, Lemon Hill, Pocket, and Riverview. Contact my firm today to schedule a free consultation.
When Does California Workers’ Compensation Apply to an Out-of-State Injury?
California workers' compensation law can apply to certain injuries that occur outside the state. Where you were physically located when an accident happened doesn't automatically determine whether California coverage applies. Instead, your employment location, where your employer is based, and the nature and duration of your out-of-state assignment will all factor into whether California workers' compensation protections apply.
A short business trip will typically be treated differently than a long-term transfer to another state. Similarly, an employee who regularly works across state lines will have different considerations from someone who ordinarily works exclusively in California.
If you are injured out of state, report your workplace injury promptly and seek appropriate medical attention. Even when you're unsure which state's system applies, delaying a report could create additional difficulties. Once you have spoken with a doctor, contact an experienced California workers' compensation attorney who can help you determine whether you are eligible to file a workers' comp claim.
Factors That Can Affect an Out-of-State Claim
When an injury occurs during a work assignment outside California, several factors can help determine which state's workers' compensation laws apply. No single factor necessarily controls every case. Consider the following to establish whether you can pursue a workers' compensation claim in California:
Your employment location: Where your employment is principally based can affect which state's system connects to your claim.
Where you were hired: The location and circumstances surrounding your employment will affect your ability to file a claim. For example, if you work for a California company and are on a short-term work assignment out of state, you may qualify for workers' comp protection in California.
The length of your assignment: A brief work trip is treated differently than a permanent out-of-state position or extended relocation.
Your employer's operations: Where your employer does business can affect the workers' compensation laws that are applicable to your case.
Where the injury occurred: The state where the accident happened could have its own workers' compensation laws and filing requirements.
Your regular work duties: Employees who routinely work across state lines often have additional considerations regarding workplace injuries and workers' compensation.
Existing workers' compensation coverage: Insurance arrangements and employer coverage can affect how your claim is handled.
If you live in California, work for a California-based employer, and travel to Nevada for a two-week assignment, you may have a stronger chance of filing a California workers' compensation claim than if you spend most of the year working outside California despite maintaining a California residence.
In some cases, you may also file a personal injury claim if you suffered an out-of-state workplace accident caused by a third party. For instance, if you're injured at a construction site because of another company's conduct, a separate personal injury claim could potentially help you recover greater compensation alongside workers' compensation benefits.
The Importance of Reporting Your Injury and Protecting Your Claim
After a workplace injury, it is essential to report what happened and take the necessary steps to protect your health and safety. If you were injured in an out-of-state accident, take the following steps to protect your right to file a claim.
Report the injury to your employer: Tell your employer or supervisor about the accident as soon as reasonably possible and follow applicable reporting procedures.
Seek medical attention: Tell medical providers that your injury occurred while working and provide accurate information about what happened. Keep records of medical visits, diagnoses, prescriptions, restrictions, and other treatment.
Gather evidence to support your claim: Preserve information connected to your assignment. This can include travel records, work schedules, emails, text messages, photographs, incident reports, and information about the location where the accident occurred.
When an injury happens across state lines, documentation can be particularly useful because it helps establish why you were in another state and how the assignment related to your employment. Consider also keeping records of financial effects. If your injury causes you to miss work, documentation concerning your hours, wages, and employment restrictions becomes relevant.
Contact a Skilled Workers' Compensation Attorney Serving Sacramento, California
Being injured while on an out-of-state work assignment can be stressful. However, you may be able to file a workers' compensation claim in California, depending on your type of employment, assignment duration, and the circumstances that caused the accident. At The Law Office of Cezar J. Torrez, I help injured workers review their workplace accident and understand their legal options available after an injury.
Whether you have questions about workers' compensation, out-of-state assignments, third-party liability, or personal injury claims, contact my firm to schedule a free consultation. Located in Carmichael, California, I serve residents in East Sacramento, Oak Park, South Natomas, North Sacramento, West Sacramento, North Natomas, Arden-Arcade, Rosemont, Lemon Hill, Pocket.