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Can you file a workers’ comp claim for an out-of-state injury?

On Behalf of | Apr 4, 2024 | Workers' Compensation

Let’s say you’re an employee for a company that makes you travel to other states as part of your responsibilities. While on one such business trip, you suffered an injury while performing your duties.

If you’ve suffered a work-related injury outside of North Carolina, can you still file a workers’ comp claim?

Compensation for out-of-state work injuries possible

Under North Carolina law, if an employee sustains a work-related injury outside of their home state that would normally qualify for compensation in North Carolina, they or their dependents are still entitled to compensation.

Certain conditions must apply before compensation

Although the law allows workers to file claims for a work-related injury from outside North Carolina, there are restrictions. For a claim to qualify, the following conditions must apply:

  • The employee’s employment contract was made in North Carolina
  • The employer’s main place of business is in North Carolina
  • The employee’s main place of work is in North Carolina

Thus, an employer or their employee must be doing business in North Carolina for a worker to be able to claim compensation under the state’s workers’ comp rules.

What happens if you’ve already received compensation from another state?

There may be situations where despite suffering a work-related injury from outside North Carolina, you might receive workers’ comp benefits from your employer under another state’s system.

While North Carolina doesn’t prohibit workers from receiving benefits from both your employer’s local insurer and their other insurer in another state, there’s a restriction on the amount you can claim. If you’ve received compensation or damages under another state’s laws, the total compensation can’t exceed North Carolina’s limits for the same injury.

So, yes – you can file a workers’ comp claim for a work-related injury outside of North Carolina. But your employer may argue that it’s not liable for your injuries and deny your claim. If this happens, you can appeal the denial by filing a request with the North Carolina Industrial Commission. A legal professional with workers’ compensation experience may be able to guide you through this appeal process and fight for your right to compensation.