Truckers are frequently entitled to benefits from multiple states for an injury.
Each state sets rules for applying its workers’ compensation laws. Virtually all states cover accidents that happen in that state.
Many states allow benefits if the employer has it primary location in that state. Others cover claims if the employer is doing business it the state. There are different rules in each state and you should talk to experience workers compensation lawyer to learn what laws cover your injury. However, you do not have to make a choice.
The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.
The employer is given credit for payments made and the injured worker can collect up to the maximum allowed by all the laws that cover the claim. This is very important because benefits vary greatly from state to state.
A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.
In the Midwest, Iowa generally has the most generous benefits however you can not pick the doctors who treat you under Iowa law. Nebraska law allows for full benefits while going through vocational rehabilitation which can last as long a four years. Missouri has no vocational rehabilitation and Iowa has very limited benefits for vocational rehabilitation. A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.
The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.
The employer is given credit for payments made and the injured worker can collect up to the maximum allowed by all the laws that cover the claim. This is very important because benefits vary greatly from state to state.
A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.
In the Midwest, Iowa generally has the most generous benefits however you can not pick the doctors who treat you under Iowa law. Nebraska law allows for full benefits while going through vocational rehabilitation which can last as long a four years. Missouri has no vocational rehabilitation and Iowa has very limited benefits for vocational rehabilitation. A trucker or any traveling working person, such as a tradesman, needs to consult with experienced lawyers to learn what states provide coverage and not take the coverage offered by the employer unless they are sure that it is the best option.
Rod Rehm is the senior member of Rehm, Bennett and Moore of Lincoln, Nebraska. He is fromer President and now a Director of the Nebraska Association of Trial Attorneys. In that capacity he served as representative to the Governors Workers Compensation Task Force. He is a fellow of The College of Workers Compensation Lawyers and a member of the American Association for Justice and the Workplace Law and Advocacy Group. He is a regular contributor to Workers Compensation Watch, a nationally recognized blog.
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