Can I Claim Workers’ Compensation in Massachusetts if I Live in Another State?

In this day and age, many people work across state lines, whether that is because of a long commute, remote work, or some other reason. However, working in another state does not preclude people from getting hurt on the job. When people who live out of state get hurt in Massachusetts, they may be confused as to what to do next. Sure, they probably know that filing for Workers’ Compensation is a good idea, but they may not know whether they should file under their state’s laws or the Massachusetts Workers’ Compensation Act. Not knowing what to do or where to file can create a great deal of stress and anxiety for people who were just injured on the job.

Massachusetts’s Workers’ Compensation laws cover a wide range of employees, so people who live in another state can receive Workers’ Compensation under Massachusetts law even if they do not live in the state. However, just like with all other Workers’ Compensation claims, you will need to prove that the injury is related to your job and not to something else.

To get an analysis of your case for free from our Massachusetts Workers’ Compensation attorneys, call the Law Office of John J. Sheehan at (617) 925-6407.

Am I Eligible for Massachusetts Workers’ Compensation if I Live in Another State

You are absolutely able to file a Workers’ Compensation claim in Massachusetts and get benefits if you live in another state. Mass. Gen Laws. Ch. 152 § 26 makes it so that people can file Workers’ Compensation claims in Massachusetts “within or without” the state as long as those injuries arise out of working for a Massachusetts employer, an employment contract that was made in Massachusetts, or from an injury that occurred in Massachusetts while working for an out-of-state employer.

Reasons Why People Who Live in Another State Might Seek Workers’ Compensation Benefits in Massachusetts

It may not be immediately obvious why someone living outside the State of Massachusetts may want to get Workers’ Compensation benefits from that state. After all, they would have the Workers’ Compensation laws of their home state to rely on, right? Not always. Workers’ Compensation laws can differ from state to state. Moreover, there may be other reasons why someone may wish to file their claim in Massachusetts and not somewhere else.

You Work Remotely

Working remotely has become more and more commonplace, especially since the COVID-19 Pandemic. Many Americans work for companies in states that they do not live in. If someone remotely working for a Massachusetts company gets hurt in another state, they may opt to file their claim under the Massachusetts Act rather than under the laws of another state.

OSHA considers work-related injuries to fall under Workers’ Compensation so long as they are directly linked to the employee’s job, which may include remote working conditions. Navigating whether Workers’ Compensation applies to a remote workplace injury can be complicated, so you should speak with our Newton, MA Workers’ Compensation attorneys for assistance.

You Commute from Another State to Massachusetts

Many people, especially in the Northeast United States, live in one state but commute to work in another. In those cases, you certainly can file a Workers’ Compensation claim if you are injured on the job, even though you live in another state.

You Were Injured While Traveling for Work

If you live in another state and your work takes you into Massachusetts, even on a temporary basis, you can seek Workers’ Compensation under Massachusetts law. For example, suppose a trucker starts a delivery route in Main and is meant to go all the way to Rhode Island. On the way there, someone hits their truck in Massachusetts, and the trucker gets hurt. In that case, the trucker would be able to file a Workers’ Compensation claim in Massachusetts, even though they do not live in the state and their employer is not from Massachusetts.

How to Get Workers’ Compensation in Massachusetts if You Live Somewhere Else

The process for obtaining Workers’ Compensation in Massachusetts will be similar whether you live in the state or somewhere else. There is a process for filing a claim, and our attorneys can assist you every step of the way and make sure everything goes as smoothly as possible.

Getting in Touch with a Lawyer

Talking to our lawyers about your claim early on is very important. Workplace injury claims can be complicated, and the exact procedures will vary from state to state. If you live out of state, it is important that you get a Massachusetts attorney who is familiar with how the state’s laws work to help you with your claim.

Documenting Your Claim

Having ample documentation of your injuries and their effects is crucial to a successful claim for Workers’ Compensation. Be sure to bring up your claim with the relevant department of your employer right away since, per Mass. Gen. Laws CH 152 § 41, you have four years from when you get hurt to file your claim or you cannot recover anything.

In addition to filing your claim on time and notifying your employer, it is a good idea to obtain any information you can to support your claims. This will include things like medical records, journals, video recordings, and many other things. The more support you have for your claim, the better, and our attorneys can help you obtain anything you are having difficulty tracking down that can support your case.