New Jersey Accidents with New York Claims. What Happens?
What happens when a worker from New York has an accident in New Jersey? Does that make it a New Jersey worker’s compensation claim or a New York worker’s compensation claim?
Some states have specific laws on whether a claim is valid in that particular state. New York has no specific law but will evaluate the claim based on several factors. Generally, if a worker is hired and generally employed in New York and travels to New Jersey and has an accident, that claim will be a New York claim. Consult a workers compensation lawyer right away because of the many possibilities that can arise. Claims can be filed in both New York and New Jersey, although rarely are benefits paid in both places.
Nevertheless, the laws are different in New Jersey than New York and the same injury can have a greater payout in one state than the other depending on the injury. Sometimes New Jersey lawyers may not understand the benefits under New York law. In other instances, the New Jersey lawyer may start the lawsuit in New Jersey because that is the correct place to bring the suit while at the same time seek a New York attorney to handle the workers’ compensation claim because that is where that claim belongs. Therefore, the accident may result in a New Jersey lawsuit at the same time as it results in a New York workers’ comp case.
Speak to a Knowledgeable Worker’s Compensation Attorney
At the law offices of Robert A. Koenigsberg we are convenient to many New Jersey clients. And, if some instances we will be happy to send a lawyer to your home as we have a connection with a New York worker’s compensation lawyer who resides in New Jersey. We have assisted many New Jersey attorneys with their New York matters and will be happy to address your New York case. Call us (212) 964-9292 or fill out an online contact form to schedule a consultation with an attorney.