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Are Out-of-State Employees Covered By Minnesota Worker’s Comp?

On Behalf of | Oct 11, 2018 | Workers' Compensation

While many of Minnesota’s smaller companies are native only to the state, so many more Minnesota companies are national chains or even international corporations. This can often mean that some employees that come to a work site are not always from the state of Minnesota. They could be engineers, managers, or otherwise area-specific specialists that fly to Minnesota branches to help things run better. However, just because they are visiting for a short time doesn’t mean they are immune from injury. However, what happens if someone from out-of-state is injured in Minnesota? Will Minnesota’s worker’s compensation law cover them? What about if the same situation befalls a Minnesota native who is working in another state?

Who Covers Injured Out-of-State Employees?

There are two different scenarios in which an employee has the potential to face when working out of state. These scenarios include:

A Minnesota Citizen Hurt Working Temporarily Out-of-State

If you are a Minnesota citizen that was transferred temporarily to another state to do work for your same company that has a presence in Minnesota, then if you are injured, you will be covered by Minnesota worker’s compensation. In some cases, you may have the right to pursue worker’s compensation in the state you are visiting, but you cannot pursue two claims. One claim must be forfeited, and we recommend that Minnesotans stick with Minnesota claims.

If you choose to file for worker’s compensation in another state, you will not only likely have to travel back for the worker’s compensation process at some point, but you will also need to find a good lawyer that is licensed to practice in that state. This means you can’t use your Minnesota worker’s compensation lawyer for a worker’s compensation case in Idaho.

Furthermore, the ability to file for worker’s compensation in Minnesota if you are a citizen working temporarily out of state is only valid if the transfer out-of-state is temporary. If it is permanent for your career, you will be subject to your new home state’s system regardless of if you have officially became a resident yet.

A Citizen from Another State Injured Working Temporarily in Minnesota

If someone, for example, from Wisconsin was injured while working in Minnesota, then their situation would be similar to Minnesota citizens working abroad. They have the option to pursue Minnesota worker’s compensation if they were injured in Minnesota but live and usually work elsewhere. However, this also means they will have to forfeit the right to file in their home state.

Monopolistic States

Contrary to popular belief, filing for worker’s compensation if hurt in a different state is not as complex as you would think. However, there are four states that you will, if possible, not want to file in if you are from out of state. These states are Ohio, Wyoming, Washington, and North Dakota. These four states are monopolistic worker’s compensation states. This means that the sale of worker’s compensation insurance by private insurers is prohibited and run completely through the state.

While this isn’t really an issue for the worker so much as it is for the employer who needs to buy separate worker’s compensation coverage from the state in each state, it is likely that you will get better coverage from your home state’s policy rather from the monopolistic states.

Need Help?

Have you been hurt at work? Contact us today. Don’t just cover those injuries with the money from your own insurance and your own pocket. If you were injured on the clock and as result of your job, you are entitled to worker’s compensation to cover those injuries. If you were injured in the St. Paul area and need representation for the worker’s compensation process, let the Law Office of Joshua Borken help guide you.