Many jobs take people across state lines, especially if you work in the Twin Cities, as the border to Wisconsin is less than a half hour away. Which begs the question, “What happens if I suffer a work injury in another state?” That’s a great question, and it’s one that comes up in our line of work every so often. Today, we’re going to explain how you can go about collecting workers’ compensation if you’re injured outside of the state of Minnesota, as well as how non-Minnesotans can file a claim if they are hurt in Minnesota.
Minnesota Workers Injured Over State Lines
Minnesota has a couple of provisions that must be met in order for a worker to be covered under state workers’ compensation laws if they are injured in another state. However, they are pretty straightforward. In order to have a valid claim, you must meet one of the two scenarios laid out below:
- Regularly Work in Minnesota – According to Minn. Stat. 176.041, subd. 2, workers’ compensation coverage will be granted to any employee injured outside of Minnesota if the employee regularly performs their primary duties inside Minnesota, and they were working for that employer at the time they were injured out of state. Minnesota reserves the right to interpret the terms “regularly performs” and “primary duties” on a case by case basis to determine how it applies to each specific situation.
- Minnesota Employees Temporarily Out of State – Minnesota workers’ compensation law also applies if an employee meets all these three conditions:
- The employee is hired in Minnesota
- The employee is hired by a Minnesota-based employer
- The employee is injured while on the job while temporarily outside of Minnesota
Out Of State Employees Injured In Minnesota
Conversely, an employee from another state may seek workers’ compensation in Minnesota if they suffer a physical injury while on the job while in the state of Minnesota. If an out of state worker is injured in Minnesota, they may be able to seek compensation through Minnesota’s workers’ compensation system, but only after first foregoing their right to their home state’s work comp benefits. If you’re considering filing in Minnesota instead of in your home state, it is in your best interests to consult with a Minnesota workers’ compensation lawyer. They’ll be able to go over all your options, determine where you have the best chance of making a claim, and if you’ll stand to benefit from filing in one state over the other. For more information on your options, contact Dean Margolis today.
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