It is not uncommon for people to work in the state of New York, but live in nearby states like New Jersey or Pennsylvania. So what happens if an individual who lives in New Jersey is injured while working in New York? Which state should they file their workers' compensation claim in?
In general, the state where your workplace injury occurred is the state where you should file your workers' compensation claim. Therefore, someone who lives in New Jersey but is injured while working for an employer in New York should consult with a New York workers' compensation attorney to file a claim in New York.
Jurisdiction in Workers Compensation Cases
A court's authority to hear and decide a case is referred to as its jurisdiction. The New York State Workers' Compensation Board Employers' Handbook provides that the board "has jurisdiction over most work-related injuries occurring in New York State." It is where the injury occurred that is generally the determining factor. Thus workplace injuries occurring in New York are generally heard by the New York Workers' Compensation Board.
Jurisdiction is a complex issue, however, and there are exceptions to this general rule. Some workers' compensation claims are outside of New York's jurisdiction even though the employees may have sustained injuries while working in the state. Examples of those whose claims are outside of New York's jurisdiction are federal government workers, some local government employees, several New York City government occupations (like firefighters and sanitation workers) and "casual employments." "Casual employments" refers to jobs such as baby-sitters or minors who are hired to do yard work.
There are a number of other rules and exclusions related to workers' compensation jurisdiction. If you have been injured at work consult with an experienced workers' compensation attorney to determine where you should file your claim.
