If you’re like me, sometimes your job takes you out of Ohio for various business reasons. Unfortunately for some, they experience injuries while outside of Ohio on business. Fear not; should you experience an injury outside of Ohio, there are provisions within Ohio’s workers’ compensation laws which can protect you under the right circumstances.
Many times, we see employers arguing for jurisdiction in the “injury” state as that state many have workers’ compensation laws more favorable to employers. However, if the injured worker and their representative can demonstrate that Ohio is the proper state for the claim, it will remain in Ohio. Some, but not all, of the factors considered in determining the proper state for the claim include the state in which the injured worker resides, if a pre-injury agreement about which state’s laws would govern has been entered into by the parties, where the employer is located, where the injured worker is “dispatched” out of, and where the injured worker’s performs most of his or her work. The issue is balancing act between the two states at issue, which the BWC or Industrial Commission must ultimately weigh.
If you, or anyone you know, have been injured at work and have questions regarding your rights, contact Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. The workers’ compensation system can often be overwhelming. Our experienced attorneys are here to answer your questions and assist you with getting the benefits you rightfully deserve.