You’ve always considered yourself to be a New Jerseyan, so it was surprising to hear that you can file a worker’s compensation claim in a different state. After all, many people who live in New Jersey work in Manhattan, Staten Island, the New York environs, or even Pennsylvania. So what happens when you live in one state and work in another? Should you file for workers' compensation in New Jersey, or New York?
The location of where you file your workers' compensation case is called its jurisdiction. To determine the jurisdiction for your case, the Workers’ Compensation Court will examine the following factors:
- Where you live – If you live in New Jersey, you may file in either New Jersey or the state in which you do the majority of your business. If you live and work in New Jersey, you will likely be filing in the state as well. However, if the accident occurred outside NJ, you may be able to claim benefits in both states.
- Your employer’s location – You may be able to file in New Jersey if your employer’s business is located here, if you perform the majority of your work here, or if your employer has “significant contacts”—such as advertising, recruiting, or selling products—within the state.
- Where the accident occurred – If you are injured within New Jersey state lines while operating in the scope of your employment, you will qualify to file in New Jersey Workers’ Compensation Court. However, you do not have to file in New Jersey if you qualify for filing elsewhere.
- Where you were hired – The place where the contract of employment is not enough to create jurisdiction on its own, but can help build evidence for filing your claim in the state you have chosen.
- Nature of work – Some state laws prevent certain workers, such as government employees, day laborers, and babysitters, from claiming workers’ comp benefits no matter where the injury occurred.
In many cases, injured workers have a choice when it comes to choosing the jurisdiction for a New Jersey workers’ compensation claim. If the employee qualifies for more than one location, he can choose which state offers better benefits—and in some cases, seek additional benefits in the second location.
To find out if you would be better off filing for workers’ compensation in NJ or NY, call Manfred F. Ricciardelli, Jr. today at 877-360-0183, or download our free report, What the Injured Worker Needs to Know: Your Workers’ Comp Guide.