Where Do I File for Workers’ Comp If I Am Injured Out of State?

A Texas man is seeking workers comp benefits from two Houma companies after suffering injuries on a barge last month. According to court records, the worker was lifting and fitting a heavy pipe unassisted on May 24. While working on the pipe, he suffered injuries to his neck, cervical spine and right shoulder. He had to undergo cervical fusion and right shoulder rotator cuff repair surgery.

Can I Get Workers Comp in Texas for Injuries in Another State?

If you are injured in a work accident outside of Texas, you can still receive Texas workers’ comp if the following two elements are satisfied:

1. The injury needs to be of the type that Texas Workers’ Compensation would normally cover in-state
2. The employee has significant contacts with the state, or the place of employment’s principal location is Texas.

If you choose to pursue workers comp benefits in another state, such as Louisiana, and you receive them, you cannot “double dip” by seeking Texas workers comp as well. If you choose not to pursue a claim in another state but still receive benefits, the state will deduct future benefits you receive from Texas workers comp.

So, fret not – even if you suffer injury while working in another state, you still have options. If you are unsure whether you should pursue workers’ comp benefits here in Texas or somewhere else, discuss your work injury with a workers’ comp attorney.