Minnesota workers’ compensation and injury claims can sometimes be confusing, which is why it is always beneficial to have a lawyer in your corner, but that process can become even more cumbersome if you are injured while out of state. So what happens if you are injured in a different state? Can you still seek compensation under Minnesota’s laws? We explain in today’s blog.
Injured In Another State
Truck drivers work in an industry where they are constantly crossing state lines in order to get their shipment to its destination. But what happens if they get rear ended and suffer a whiplash injury in Iowa? Should they contact a workers’ compensation attorney in Iowa, or in Minnesota? Odds are speaking to an attorney in your home state is the best option, but each case needs to be evaluated on its own.
Minnesota has laid out some specific laws for how a Minnesota employee can file for compensation if they are injured while out of state. If you meet either of these two conditions, you should be able to seek compensation in Minnesota, even if you were injured thousands of miles away. Here are the deciding factors:
Extraterritorial Application – If you regularly perform your work duties in Minnesota, and you were injured during the course of your job duties while in another state, you can seek benefits under Minnesota’s workers’ compensation laws.
Temporarily Out-Of-State – If you are hired by a Minnesota-based company – as determined by whether the employer has officers, operations and facilities in Minnesota – and you were injured during your line of work while temporarily out of state, you can seek compensation in Minnesota. It’s also worth noting that the employer does not need to be incorporated in Minnesota to be considered a “Minnesota employer.”
If you meet either of these qualifications, or you simply want to talk with a workers’ compensation attorney about your options, contact Hey Workers today.
What If I Don’t Meet Those Criteria?
So what happens if I don’t meet those two criteria? That doesn’t necessarily mean you can’t file for workers’ compensation or an injury claim in Minnesota. However, you’ll want to reach out to an attorney to go over all your options.
If you are legitimately injured in another state and you don’t meet the above criteria, you may be able to seek a claim through that state’s workers’ compensation system. For example, Minnesota offers protections to out of state workers who are injured inside Minnesota, as long as they forgo seeking compensation within their home state. Many states have similar rules in the books, so don’t assume that your claim won’t be granted if you are injured in another state.
For more information on how Hey Workers can help you with your potential injury claim, click here.
