Every day, people from New Jersey, Pennsylvania, Connecticut and beyond commute into New York to work. When one of them gets hurt on the job, a common worry is that living in another state complicates the claim. Usually it does not, and in some cases a New York claim is possible even when the injury happened outside New York.
Hurt in New York: it is a New York claim
If you were injured while working in New York, you can bring a New York workers’ compensation claim no matter where you live. A New Jersey resident hurt on a Manhattan job site, a Pennsylvania driver hurt making a Brooklyn delivery, a Connecticut nurse hurt at a Bronx hospital: all of them can file with the New York Workers’ Compensation Board. We cover that situation in more detail in the “live in New Jersey, hurt in New York” section of injured at work outside Staten Island.
Hurt outside New York: you may still have a New York claim
This is the situation people miss. Suppose you live in New Jersey and work for a New York contractor. Nearly all your jobs are in the city, you were hired at the company’s Queens office, and you report there each morning. One week the company sends you to a site in New Jersey, and you are hurt there.
That injury may still belong in the New York system. When the injury happens outside New York, the Board asks whether there are sufficient significant contacts between your employment and New York to reasonably conclude that the job was, at least to some extent, based here. It considers:
- where you live
- where you were hired
- where you actually work, and where your employer has offices
- whether you were expected to come back to New York after the out-of-state job
- how much of your employer’s business is done in New York
Where you live is only one factor among several, and an out-of-state address does not defeat a New York claim. A job hired, run and mostly performed in New York can be a New York job even if you sleep across the river and were hurt across it too.
Your home state may have a claim too
If you were hurt in your home state, or your job also has strong ties there, that state may also have a claim. The two systems differ in weekly benefit amounts, the rules for choosing doctors, deadlines and how permanent injuries are paid. You generally cannot collect full benefits twice for the same injury, so where you file is a real decision. We can tell you how strong the New York claim is; if the better claim is in your home state, we will tell you that and point you toward counsel there.
Handling a New York claim from out of state
- Hearings are virtual. You will not need to travel to a Board office. You must be on camera when you testify.
- You can treat near home. Many injured workers who live outside New York treat with doctors where they live. Make sure the provider will file New York’s workers’ comp forms and bill under the Board’s rules before your first visit.
- You can hire us remotely. Sign-up can be done by phone and electronically, without coming to the office.
- Moving later is not a problem. Your New York claim follows you. See moving out of state while on workers’ comp.
What to do now
- Report the injury to your employer in writing within 30 days, and keep a copy.
- Write down your New York connections: where you were hired, where you report to work, where most of your jobs are, and where your paychecks come from.
- Do not file in your home state before getting advice if a New York claim may be possible.
- Call us to talk through which state your claim belongs in.
If you live in New York and were hurt in another state, see live in New York, hurt out of state.
Frequently Asked Questions
I live in New Jersey and got hurt at work in New York. Can I file a New York claim?
Yes. An injury that happens while working in New York can be brought as a New York workers’ compensation claim regardless of where you live.
I live outside New York and got hurt outside New York. Could I still have a New York claim?
Possibly. If your job has sufficient significant contacts with New York, such as being hired here, working mostly here, or an employer based here, the New York Board may hear the claim even though the injury happened elsewhere.
Does living outside New York hurt my New York workers’ comp case?
Generally not. Hearings are virtual, you can often treat with doctors near home, and your address is only one of several factors when an out-of-state injury is involved.
Can I see a doctor in my own state for a New York claim?
Often, yes. Confirm before your first visit that the provider will file New York workers’ compensation forms and bill under the Board’s rules.
Can I have claims in two states?
Sometimes. You generally cannot collect full benefits twice for the same injury, so it is important to get advice on where to file before filing anywhere.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims from the office on Staten Island, for injured workers throughout the five boroughs and across New York State. If you live outside New York and work here, or work for a New York employer, call us to find out where your claim belongs.
Call 718.701.2776 or 800.310.5520. Consultations are free. If we don’t recover money for you, we don’t get paid.
