My firm receives many inquires from claimants currently on New York State Workers’ Compensation who want to move out of state or take a job with a different employer.
Moving out of state or changing employers will have no effect on your legal rights to continue to collect New York State Workers’ Compensation benefits. The employer at the time of your injury and their Workers’ Compensation insurance carrier will remain liable for your claim just as if you continued to live in New York State or continued to work for that employer.
The main problem that claimants encounter when moving out of state involves finding a physician in their new state who will treat them and accept New York State Workers’ Compensation rates. Many out of state providers are unfamiliar with New York State’s rules and regulations and simply do not want to be involved with the insurance forms and red tape. However, it has been my experience that if they work hard enough at it most claimants will be able to find a physician in another state who will accept their Workers’ Compensation insurance as payment.
What about attending hearings? If you have a workers compensation hearing in New York State and have moved elsewhere, your attorney will be able to represent you even if you can not make it to the hearing. If you are unrepresented, it is possible that you may be able to appear at the hearing by telephone or video-conference.