Are you considering moving out of Oklahoma? Our fluid society means that workers may often move out of state. But what happens when moving while drawing Oklahoma Workers’ Compensation benefits? Can you still receive benefits? What if you begin working for a different employer? These issues and more may have implications for your Workers’ Compensation. The Armstrong Law Firm, PLC, in Tulsa, can help you navigate any issues to protect your rights and benefits.
How Does Moving Affect My OK Workers’ Compensation Benefits?
If you have a Workers’ Compensation claim with your employer in Oklahoma, your claim remains valid even if you relocate to another state. However, your benefits may be impacted by this move. Let’s review some key points on how your move could affect your Workers’ Compensation benefits.
Reciprocity Agreements
Certain states have established reciprocity agreements or specific provisions to manage Workers’ Compensation cases for employees who work in states different from their primary residence. This can apply when an employee moves to a new state for work or is employed by a company in another state. These agreements aim to clarify the workers’ benefits and responsibilities in such scenarios.
Here are a few examples:
- South Carolina says injured workers can seek benefits from either the state where they were hired, where they were injured, or where their employer is primarily based. However, the law also states that if the employee elects to receive their benefits from a state other than South Carolina, they cannot receive more than is permissible under South Carolina’s Workers’ Compensation laws.
- Conversely, Georgia only accepts Workers’ Compensation claims for injured employees of companies based outside of Georgia in the construction industry.
Coverage and Benefits
Workers’ Compensation coverage and benefits can differ significantly depending on the state. Variations may include compensation rates, maximum benefit limits, the duration of benefits, and the types of injuries that are covered. If you relocate to a new state, it’s important to note that your eligibility for benefits may be affected by that state’s specific laws and regulations.
Claim Processing & Care
Relocating to another state may cause problems for the insurance carrier that manages your Workers’ Compensation claim. This transition can affect how your claim is processed and administered, potentially leading to delays or shifts in communication methods. You could also experience difficulty finding physicians that accept out-of-state Workers’ Compensation insurance, making it difficult to get the ongoing medical care you require.
Moving to a New State with the Same Employer
Employers have a legal obligation to provide Workers’ Compensation coverage for their employees, no matter which state the employees are working in. Your existing Workers’ Compensation coverage will remain effective as long as it does not exceed the maximum compensation limits set by your new state’s Workers’ Compensation laws. Speak with your employer about relocating to ensure a smooth transition. They may need to adjust their records or obtain Workers’ Compensation coverage in your new state to remain compliant with any relevant regulations.
Moving to a New State with a New Employer
If you relocate to a different state and change employers, you may still be eligible to receive Workers’ Compensation benefits from Oklahoma for medical expenses related to a work-related injury that occurred before your move. Seek legal advice and familiarize yourself with the laws in your new state regarding the selection of doctors for your medical treatment.
Becoming acquainted with the Workers’ Compensation laws in Oklahoma and your new state is important to fully understand your rights and responsibilities. If you experience a new injury while already receiving compensation for a prior injury from the same job, be aware that you typically cannot receive compensation for both injuries unless the new injury qualifies as permanent.
If you have an ongoing Workers’ Compensation claim from your previous job, it is essential to notify your new employer, their insurance provider, and the state’s Workers’ Compensation commission. They can assist you in navigating the process of managing your existing claim in a different state. This may involve updating your benefits to align with the regulations of your new location.
Consult with an Oklahoma Workers’ Compensation Attorney
Navigating the complexities of Workers’ Compensation can be challenging, and those challenges are multiplied when moving to a different state with different laws. The Workers’ Compensation lawyers at The Armstrong Law Firm, PLC, in Tulsa, can ensure you comply with Oklahoma law and help you maintain your workers’ compensation benefits.