Workers' compensation may or may not cover your injuries, depending on your home state and employer.
If you're a Texan who was injured on the job in another state, Texas Labor Code Section 406.071 outlines the rules for extraterritorial workers' compensation coverage as so:
(a) An employee who is injured while working in another jurisdiction or the employee’s legal beneficiary is entitled to all rights and remedies under this subtitle if:
(1) the injury would be compensable if it had occurred in this state; and
(2) the employee has significant contacts with this state or the employment is principally located in this state.
(b) An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee:
(1) was injured not later than one year after the date of hire; or
(2) has worked in this state for at least 10 working days during the 12 months preceding the date of injury.
Texas Labor Code §406.071.
In other words, if you end up being injured in a way that would qualify you for worker's compensation had it happened in Texas, you should be entitled to Workers’ Comp if it happens in a different state under a Texan employer.
Alternatively, some businesses or employers may choose to add extraterritorial coverage to their workers' compensation insurance to address situations that aren't covered otherwise. In some rare cases, you may be able to choose to obtain workers' compensation benefits under the laws of the state in which you were injured rather than the laws of Texas’ Workers’ Comp system. It's critical that you speak with a lawyer who specializes in Workers’ Compensation injuries to better understand your rights and make an informed decision about the best course of action.
Contact us for free today so one of our licensed and experienced attorneys and staff can help guide you through a Personal Injury or Workers' Compensation process in the state of Texas.
If you're a Texan who was injured on the job in another state, Texas Labor Code Section 406.071 outlines the rules for extraterritorial workers' compensation coverage as so:
(a) An employee who is injured while working in another jurisdiction or the employee’s legal beneficiary is entitled to all rights and remedies under this subtitle if:
(1) the injury would be compensable if it had occurred in this state; and
(2) the employee has significant contacts with this state or the employment is principally located in this state.
(b) An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee:
(1) was injured not later than one year after the date of hire; or
(2) has worked in this state for at least 10 working days during the 12 months preceding the date of injury.
Texas Labor Code §406.071.
In other words, if you end up being injured in a way that would qualify you for worker's compensation had it happened in Texas, you should be entitled to Workers’ Comp if it happens in a different state under a Texan employer.
Alternatively, some businesses or employers may choose to add extraterritorial coverage to their workers' compensation insurance to address situations that aren't covered otherwise. In some rare cases, you may be able to choose to obtain workers' compensation benefits under the laws of the state in which you were injured rather than the laws of Texas’ Workers’ Comp system. It's critical that you speak with a lawyer who specializes in Workers’ Compensation injuries to better understand your rights and make an informed decision about the best course of action.
Contact us for free today so one of our licensed and experienced attorneys and staff can help guide you through a Personal Injury or Workers' Compensation process in the state of Texas.
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