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Moving Out of State While on Workers’ Compensation is a Possibility

Erwin, McCane & Daly | Thursday, September 14, 2017
If you have been injured on the job and are currently receiving workers’ compensation, you may wonder if you are restricted to continue living within New York State. You will not face legal consequences if you choose to move out of state. There are items to keep in mind if moving out of state is a strong possibility. 


In keeping with more recent and expressive precedent, the Board Panel finds that it is more important to advance the broad ameliorative purposes of the Workers' Compensation Law and to not interfere with a non-resident claimant's ability to obtain treatment out-of-state.


Update Information: Claimants must keep everyone advised of their correct mailing address and any other pertinent information that may change due to the move. This includes contacting your legal team and your workers’ compensation doctor. Doing this as soon as you know the new information helps reduce the chance of a delay in paperwork, and, the receiving of workers’ comp benefits. Being as detailed as possible is also significantly helpful; sharing mailing addresses, phone or fax numbers, and email addresses with everyone involved in your case is the best course of action. 


Find a Doctor: You will need to find a new doctor to take over your treatment and your case. Since your case will be an out-of-state claim for the doctor, it may be beneficial to find a doctor prior to moving as it may be a cumbersome task to find a doctor who is capable of handling your workers’ comp case. Once you have a new doctor, be sure to update your lawyer. 


Once a claimant moves out of state the claimant may seek medical treatment in his new location and advise the out-of-state physicians that they can request payment at the prevailing fees in their area and not necessarily receive only the fees under the New York Workers' Compensation Board's fee schedule.


Be Thorough and Proactive: As this is your workers’ compensation claim you have the right to request the transfer of your medical records. If your new doctor encounters issues you may be asked to assist with putting them in touch with the law office handling your case. Being persistent and thorough is welcomed with these matters. Your team consists of experienced professionals, but, it is a good idea for you to be involved so everyone is on the same page. 


The attorneys of Erwin, McCane & Daly understand this can be confusing and often times daunting; you need a qualified and experienced attorney to help you through every step of your case. Contact the attorneys at Erwin, McCane & Daly today so we can help put your mind at ease!