Personal Injury Lawyer
Office Locations
Contact the Law Offices of James Scott Farrin
1-866-900-7078
Contact the Law Offices of James Scott Farrin 1-866-900-7078

Will I Get Workers’ Comp Benefits If I Got Hurt on the Job in Another State?

We live in a mobile society where people sometimes live in one place and work in another. It's not uncommon for an individual or family to reside in one city or state for only a short period of time before moving on to another community.

What happens if you live in North Carolina when you get hurt on the job in another state? And what happens if you're hurt on the job in North Carolina and then move to another state?

The short answer is you are still entitled to benefits in most instances. But we urge anyone in these circumstances to get a lawyer to help them navigate this process. Here's why.

Hurt on the Job in Another State

If you get hurt on the job while in North Carolina, you have a right to pursue workers' compensation benefits in North Carolina. If you travel outside the state for work, the protections of the workers' compensation system generally travel with you.

TIP! Workers who are hurt outside the state can still pursue a North Carolina workers' compensation claim if their employment contract was made in North Carolina.

 

Seems simple enough. But it's not always. Whether your employment contract was made in North Carolina can often be a complex question. And one that's best addressed by an experienced workers' comp attorney.

Generally speaking, your employment contract is formed wherever you were hired. This means if you live in North Carolina and are hired by your employer in North Carolina, then you can usually pursue a North Carolina workers' compensation claim no matter where your injury occurs. So, for example, if you're hired in North Carolina as a long-haul trucker, and are injured in a work-related accident driving in Virginia, you would generally be able to pursue a North Carolina workers' compensation claim.

But again, I cannot stress enough that these situations can often be difficult to properly address as there can be many nuances in workers' compensation law.

Getting NC Workers' Compensation Benefits and Moving Out of State

Sometimes an injured worker has no choice but to move out of North Carolina for one reason or another.

TIP! The injured worker's right to wage and medical benefits is not usually affected by relocation to another state.

 

Still, certain practical difficulties can arise in these situations. For example, the insurance company might argue that they would have had work for you if you hadn't moved, so they should be able to cut off your checks. (I've heard this one.) A skilled and experienced workers' comp lawyer can help, not only deal with some of these difficulties, but try to help you avoid them in the first place.

Getting Workers' Comp Wage Benefits Out of State

If you're hurt on the job and are receiving weekly wage benefit checks, simply moving to another state will not automatically disqualify you from continuing to receive benefits.

However, that has not stopped some workers' comp insurance companies from trying to use an out of state relocation against the injured worker. We've seen it happen. It can be a slippery slope, but an experienced attorney can help combat their arguments.

Don't wait too long before hiring an attorney, though. Time is not on your side in these instances and delay can sometimes hurt your claim.

Getting Workers' Comp Medical Benefits Out of State

Moving to another state also does not disqualify you from continuing to receive the medical treatment you need to recover from your work injury. After all, if you require certain medical treatment for your injury while you live in North Carolina, nothing about your need for treatment changes because you move to Tennessee.

TIP! No matter where you are, the insurance company is responsible for paying for your medical care.

 

However, as a practical matter, it can sometimes be difficult to find doctors in other states who will agree to treat an out-of-state workers' comp patient. Again, it's prudent to contact an experienced workers' comp attorney who can help address any problems you may likely face from an out-of-state move.

2016 U.S. News - Best Lawyers® "Best Law Firms"

There are 28,000* attorneys licensed to practice in North Carolina. Of course, not all practice workers' compensation law, but many do. Here are just a handful of very good reasons we believe you should consider the Law Offices of James Scott Farrin to help you with your workers' comp claim.

Our firm received the highest ranking by the 2016 U.S. News - Best Lawyers® "Best Law Firms" for Workers' Compensation in the greater Raleigh area**.

Our workers' comp attorneys include six North Carolina Board Certified Workers' Compensation Specialists. One is a former North Carolina state senator and former Deputy Commissioner at the North Carolina Industrial Commission (the workers' compensation "court"). Others used to work for workers' compensation defense firms.

Get NC Workers' Comp Lawyers to Evaluate Your Case FREE

With all these credentials, you may think you can't afford to hire us. We believe you can. We work on contingency, which means you pay no attorney's fees unless we get compensation for you.

Any of our attorneys will be happy to evaluate the circumstances you may be up against - for FREE. Just click here or give us a call at 1-866-900-7078.

 

*  Figure provided by the N.C. State Bar as of December 31, 2015.

** Visit www.usnews.com for more information about criteria for inclusion.

 

Michael Roessler joined the Law Offices of James Scott Farrin in 2015, handling workers’ compensation cases. Prior to joining the firm, Mr. Roessler represented personal injury and workers’ compensation clients for more than five years. He is an adjunct professor of Political Science at Queens University of Charlotte, where he has taught pre-law since 2010.

Mr. Roessler earned his J.D., with honors, from the University of North Carolina School of Law at Chapel Hill and a B. A. from Queens University of Charlotte, where he double majored in History and Political Science.

In law school, Mr. Roessler received numerous awards and honors. He was selected to join both regional and national Holderness Moot Court teams and the Broun National Trial Team, where he and his team were national quarterfinalists.

Originally Mr. Roessler set out to pursue a journalism career. He wrote multiple news articles and opinion columns for the Mooresville Tribune (NC) and the Independent Tribune (Concord-Kannapolis, NC). However, after befriending some local attorneys who were advocating for the more marginalized members of his community, he realized his passion lay with those members of society. Soon after, he enrolled in law school and became an attorney in an effort to help advocate for those individuals’ rights.

Contact Information

Raleigh Law Office

5848-100 Faringdon Place
Raleigh, NC 27609
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078