Life takes us in a lot of different directions and sometimes that means an out of state move to live with family or other parts of the country. While moving is stressful enough, the added stress for those collecting worker’s compensation benefits can be much higher. If you have been injured on the job and are currently receiving workers’ compensation, you may be asking yourself, does it matter if you move out of state? Will it affect those benefits? Who do you report a move to?
The good news is you will not face legal consequences if you choose to move out of state, but 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.
An Injured worker covered under NYS Workers Compensation Law can move out of state , however unless they have been found to have a permanent disability by the NYS WCB they have an obligation to supply medical evidence of ongoing causally related disability every 90 days in order to qualify for payments. The out of state Dr also has the obligation to comply with the NYS Medical Treatment Guidelines, use the medical portal to obtain pre-authorization for treatment and supply medical evidence of the ongoing degree of disability. The medical reports submitted must contain the history of the injury , an examination with findings and opinion of the dr on disability related to the wc injury. An out of work note or Dr’s excuse is insufficient. If the out of state Dr does not comply, payments can be terminated and treatment refused . The patient who moves out of state will have difficulty finding a Dr who will comply with the New York regulations and payment rules. We recommend the injured worker delay moving out of state until after they are declared permanent in order to ensure they obtain the treatment they deserve and avoid termination of payments.
Update Your 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 your workers’ compensation benefits. Being as detailed as possible can 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 New Doctor:
It’s important you 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 or her 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 an issue, 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 you know your progress and ensure everyone is on the same page.
The attorneys of Erwin, McCane & Daly understand that workers compensation claims while moving can be confusing and often daunting process. 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! You have enough to worry about during your move, let us help keep your claim moving forward.