Out of state workers comp injuries: Can you file your claim in Mississippi?
This is Jonathan Franco and I wanted to talk to you a little bit about workers compensation and specifically injuries that happen in other states. So, you are an injured worker. You are injured in the state of Texas and you’re wondering if you have a Mississippi workers compensation claim. Now this can come up and it often does come up because we have injured workers that come to us and they live in Mississippi but they were injured outside of the state of Mississippi. And they’re wondering whether or not they have a Mississippi workers comp claim. So it’s a two-part test as far as I’m concerned. The two most important things you have to look at are where was the contract for employment entered into? Now sometimes you don’t really have a contract but the Workers Comp Commission or the administrative law judge will look at whether a written contract was signed in the state of Mississippi. Was it entered into in the state of Mississippi? If you have a workers comp claim, if you have a contract for employment, and you signed it in the state of Mississippi, then you likely pass the first part of this test.
Now the second part of the test is where these claims often either die or live. Was it a permanent work assignment in the other state? If you worked for a company in Mississippi, you got hired on in Mississippi, and they told you, “this job is a six-month job in Texas, and when it’s over, this job’s over.” That’s going to be considered a permanent assignment to another state and you’re not going to have a Mississippi workers comp claim. You’re going to have a Texas workers comp claim if you’re injured over there in Texas in the course and scope of your employment under those circumstances.
So again, they’re going to look at where is the contract entered into. Was it signed in Mississippi?. And then – was it a permanent assignment to another state or were you temporarily in that state? Were you permanently assigned to Mississippi? You had some sort of driving job over to Texas, it was a one-time deal, you’re hurt over there in Texas, but otherwise you were permanently employed in Mississippi. If that’s the case, you likely have a Mississippi workers comp claim. We handle a lot of workers comp here so hopefully that was helpful and if you do have an injury on the job give us a call we’re happy to help thank you.