Can I Still Have a Pennsylvania Workers’ Comp Case if I’m Not Injured in Pennsylvania?

The short answer is Yes! There are a few ways for Pennsylvania to have jurisdiction for a work-related injury. First, of course, if you are injured in the course and scope of employment in Pennsylvania, then Pennsylvania has jurisdiction automatically. However, if the injury occurred outside of Pennsylvania, you would need to show that the employment is principally localized in Pennsylvania, OR, that the employee (you) is working under a contract of hire made in Pennsylvania, in employment not principally localized in any state, OR, the employee is working under a contract of hire made in Pennsylvania in employment principally localized in another state whose workers’ compensation law is not applicable to his or her employer, OR, the employee is working under a contract of hire made in Pennsylvania for employment outside the United States and Canada.

Act 44 provides that it is unlawful for any employee to receive benefits under the Pennsylvania Workers’ Compensation Act if the employee is at the same time receiving work comp benefits for the same injury under the laws of the Federal Gov’t or any other state. If, however, the benefits cease under another jurisdiction, then it is permitted to receive Pennsylvania Work Comp.

It should also be remembered that a written agreement granting jurisdiction to another state when the injury occurs in Pennsylvania is not enforceable.

Pennsylvania, overall, is seen as a friendlier forum for injured workers than many other states. If you were not injured in Pennsylvania, but believe you may qualify under the other, extraterritorial provisions, please make sure to contact Cardamone Law at (215) 206-9068 asap or Email Michael@CardamoneLaw.com

 

Comp? Cardamone!


Leave a Reply