The fact that you got hurt out of state doesn’t mean you won’t be covered by workers’ comp. It all depends on the specific facts of your case. If you are a Virginia worker, the fact that you were injured out of state does not mean you can’t file a claim in Virginia. For instance, if you were hired in Virginia and live in Virginia, there is a pretty good chance you could file your claim in Virginia. Also, it’s possible your employer would agree to allow the claim to be filed in Virginia. There are other factors that determine not only if you can file your claim in Virginia, but also whether you should file your claim in Virginia. It’s possible you could file your claim in either the state where you reside or in the state where you were injured. Another state’s workers’ compensation laws could be more favorable to injured workers and it might be best to file your claim in the state where you were injured.
As always, be sure to consult with an experienced workers’ compensation lawyer to address the specific facts of your case. The Law Office of Darren Shoen offers free telephone or in-person consultations for workers’ compensation claims.
These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.