Your workplace accident resulted in a workers’ compensation claim, earning financial benefits designed to help you get your life back on track.
But now, a potential move out of state puts your compensation at risk, with each state observing different standards surrounding worker’s compensation.
So before you load the U-Haul, our Charleston, SC lawyers will break down the impact of an out-of-state move on your workers’ comp benefits and highlight how we can help throughout the transition.
Will Moving Out of State Affect My Workers’ Compensation Benefits?
The good news is that your workers’ comp benefits will remain intact, even if you move out of the state where the injury occurred. Keep in mind that certain scenarios may impact your benefits.
Reciprocity Agreements
Reciprocity agreements, in regard to workers’ compensation, are agreements between two states that enable employees to claim benefits under their home state’s workers’ compensation laws, even if the injury occurred in another state.
In South Carolina, injured workers can seek benefits from the following:
- The state where they were hired
- The state where they were injured, or
- The state where their employer is based
Please note that even if an employee pursues benefits from a state other than South Carolina, they are still required to adhere to the benefit limitations detailed in South Carolina’s workers’ compensation laws. This prohibits injured workers from attempting to receive more in a different state than is allowed under South Carolina law.
Coverage and Benefit Changes
Each state operates under its own workers’ compensation laws, with variation in the following:
- Compensation rates
- Maximum benefit limits
- Types of injuries covered
- Length of time benefits are paid
When you move to a new state, the benefits you are eligible for will now fall under the jurisdiction of your new state. Consider the following example: An employee works at two companies in South Carolina when a work-related injury kept them out of work at both.
Under South Carolina law, they are eligible for wage benefits at both jobs. But if the worker moves to North Carolina, the law dictates that they may only receive wage benefits at the job where the injury occurred.
To ensure you continue to receive the benefits you deserve, be sure to consult with a South Carolina workers’ compensation law firm prior to your move.
Jurisdictional Challenges for an Ongoing Claim
No one plans for a work-related injury and, for some, these unfortunate events may occur just before a major life change, like a move out of state. If your workers’ comp case is still in its initial stages or facing dispute, moving out of state could create some troublesome jurisdictional issues.
If you find yourself in this situation, it’s important to consult a workers’ compensation lawyer immediately. An out-of-state move could lead to unfair compensation benefits or a denied claim that may require an appeal. Don’t let an out-of-state move come in between you and the benefits you deserve.
New State, Same Employer vs. New State, New Employer
The rise of remote work has changed the employment landscape. Moving out of state no longer always means a new job. What happens to your benefits if you stay with the same employer but relocate to a new state? Or if you decide to get a new job along with a new home base?
New State, Same Employer
If you choose to stay with your current employer and simply change up your scenery, your workers’ comp benefits will continue regardless of where you call home. But keep in mind that your coverage will now adhere to the benefit limitations of your new state’s laws. Contact one of our workers’ comp lawyers near you for details on how best to prepare for your move.
New State, Different Employer
If you are actively receiving workers’ compensation benefits, you may continue your benefits when changing employers and moving to a different state. However, it is crucial to become familiar with your new state’s laws regarding the selection of doctors for your continued medical care.
Start by notifying your new employer, their insurance carrier, and the Workers’ Compensation Commission, if you are currently receiving benefits from an existing claim from a previous employer.
What to Do Before Moving Out of State
In order to ensure a smooth transition into your new state and prevent disruption of your workers’ compensation benefits, make sure that these items are at the top of your to-do list:
1. Update Your Information
As with any move, make sure that any important documents or correspondence go to the correct place. Update your mailing address and notify your current workers’ comp doctor to help ensure that you continue to receive benefits in your new state.
2. Find a New Doctor
If you are receiving ongoing care for your work-related injury, it’s critical to your claim – and health – that you find a new doctor in your new state. It’s never too early to start searching, so if you have some time before your official move date, start looking up doctors in your new area who can help in your recovery.
3. Seek Guidance From an Experienced Workers’ Comp Law Firm
Coordinating a move can be a challenge, with the complications of a workers’ compensation claim adding to your stress. That’s where our team can help.
As one of the leading workers’ compensation law offices in Charleston, SC, our team is skilled at handling claims and securing the benefits our clients deserve. We will ensure the proper documentation is filed and all guidelines are met, so that you can continue your recovery in your new home.
Discuss Your Case with a Workers’ Comp Attorney in South Carolina
At Hoffman Law Firm, you have the right to receive fair compensation for your work-related injury – no matter where life takes you after the fact.
With offices in Charleston and Georgetown, SC, we are committed to supporting those throughout the Palmetto State. We have established a reputation for success and excellent service!
To meet with a member of our team, schedule your free consultation today.
