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If I Am Injured At Work In Another State Outside of Pennsylvania, Can I Still Pursue Workers’ Compensation Benefits In Pennsylvania?

Yes, but only in limited circumstances. This falls under the extraterritorial provisions of the Pennsylvania Workers’ Compensation Act, added in 1974.

Here are situations where an injured worker can pursue Pennsylvania Workers’ Compensation benefits if the injury takes place outside of Pennsylvania:

1) the employment is principally localized in Pennsylvania;  OR

2) the employee is working under a contract of hire made in Pennsylvania in employment not principally localized in any state; OR

3) 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

4) the employee is working under a contract of hire made in Pennsylvania for employment outside the United States and Canada.

[note that you have a choice- thus the “OR“, rather than “AND“]

Naturally, the next question is what does “principally localized in Pennsylvania” mean? Section 305.2(d)(4) defines it as follows: “A person’s employment is principally localized in this or another state when (i) his employer has a place of business in this or such other state and he regularly works at or from such place of business, OR (ii) having worked at or from such place of business, his duties have required him to go outside of the State not over one year, or (iii) if clauses (1) and (2) foregoing are not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.”

Additionally, there may be questions in a particular case as to what “regularly works” means as well. These are often complicated fact patterns and I am happy to work through your facts and apply them to the framework above to render my opinion as to whether Pennsylvania will have jurisdiction. Pennsylvania has more favorable workers’ compensation laws, generally speaking, for injured workers than many surrounding states. We are a lost earning power state so wage loss benefits can be payable, theoretically, without end, so long as the work-related injury causes a loss in earning power. (noting that once a conversion to partial disability applies, there is a 500 week cap).

If you were injured outside of Pennsylvania, but believe one of the above circumstances may apply to your case, call or email Certified Pennsylvania Work Comp Attorney Michael W. Cardamone at (215) 206-9068 or Michael@CardamoneLaw.com

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

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"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
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"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

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"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

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"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

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Google Reviews
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"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
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Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

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"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
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