Does Workers Comp Cover Out-of-State Injuries?

In today’s world, navigating the complexities of workers’ compensation is challenging enough. Trying to determine your rights to workers comp when injuries occur outside your home state can become yet another hurdle in your pursuit of compensation. If you’re wondering whether workers comp covers out-of-state injuries, the answer is yes, but with certain conditions. At Saks, Robinson & Rittenberg, Ltd., we understand the obstacles that pursuing workers’ compensation can present, and we’re here to help you through them.

Key Points About Illinois Coverage:

• Who Must Provide Coverage 

Almost all employers with even one part-time employee must carry workers’ compensation insurance. Exceptions apply for sole proprietors, business partners, corporate officers, and LLC members, who have the choice to opt out by notifying their insurance carrier in writing.

• Out-of-State Companies with Illinois Employees 

If an out-of-state company has employees who perform any work within Illinois, it must provide a workers’ compensation policy that includes Illinois coverage. This allows injured employees to be able to file a claim under Illinois laws.

• Rights for Out-of-State Employees Injured in Illinois 

Employees injured while working in Illinois may be eligible to file claims under Illinois law, even if their employer is based elsewhere. The insurance covering their employment must extend to Illinois for the claim to be valid.

Steps to Take If Injured Out-of-State

If you’re injured on the job while working outside your home state, consider the following steps:

1. Seek Immediate Medical Attention

Your health and safety come first. Get quality treatment as soon as possible, even if it means visiting a medical professional in the state where the incident occurred.

2. Notify Your Employer

Inform your employer of the injury immediately, providing as much detail as possible. Employers are responsible for documenting workplace injuries and notifying their workers comp insurance provider.

3. Consult with a Workers’ Compensation Lawyer

Laws around out-of-state injuries can be complicated. Working with experienced workers comp lawyers can help you determine precisely where and how to file your claim to pursue maximum benefits.

4. File a Claim in the Right State

Depending on your circumstances, your lawyer will guide you on whether to file in Illinois or another state. Filing in Illinois may offer you favorable benefits depending on the laws that apply to your specific situation.

5. Gather Documentation

Keep any and all relevant records, including medical bills, reports, correspondence with your employer, and witness statements. Such documentation is critical for supporting your claim.

Know Your Rights After a Workplace Injury

Understanding your rights as an injured employee is essential for seeking fair compensation. Whether you’re hurt in Illinois or while working in another state, the key is to act quickly and seek legal guidance to avoid missing crucial deadlines or filing errors.

At Saks, Robinson & Rittenberg, Ltd., we’ve been helping injured employees obtain the compensation they deserve for over 40 years. Our experienced Chicago workers comp lawyers can guide you through the entire process, helping you file your claim correctly and allowing you to maximize your chances of success. Contact us today for a free consultation to understand your legal options.