Which state would handle this worker comp claim?

My future father-in-law is a truck driver and was injured in an accident on the job. His company is headquartered in IL, he resides in OH, and the accident occured in WV. He claims that he can't get a straight answer from his employer as to which state the claim will go through.

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  • 1 decade ago
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    Tricky...all of my (I've had 3) work comp claims have been processed in the state that the company was headquartered in. Because the company must carry Workman's Comp insurance the company is insured and shouldn't matter where the accident occurred. I hope this helps. I was in a similar situation. I was injured in Wisconsin and my company is in Minnesota and I live in Minnesota. Wisconsin ended up having nothing to do with my claim and it was all processed through the headquarters of the agency in Minnesota. Have your future father-in-law call the state he resides in and ask for the Attorney Generals office. They should be able to tell him with one phone call which state the claim should/would be processed in. If he continues to have difficulty with the employer, he should seek out a good work comp attorney who will help guide him through this process. This disadvantage to getting a lawyer involved is they cost money....typically 20-30% of what is collected. Some charge a straight fee. The advantages of a lawyer is that he will probably collect more on the claim. At any rate...best of luck to your future father-in-law and congrats on being engaged! Happy Holidays!

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  • 1 decade ago

    I'm not an attorney; don't even play one on t.v. That said; Does the company provide the workmen's compensation insurance? If so, the claim will likely be affected by the statutes in the state the employer is registered in. If the matter needs eventually to be adjudicated, that will most likely occur in the state in which the accident occurred. If the insurance is not "real" workmen's compensation, but instead similar, private insurance, for example A.I.G.'s On the Job insurance program, the claim may be processed in any state where treatment is sought. If the claim seems to be getting sticky, seek legal council sooner rather than later.

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  • 1 decade ago

    An employer has to report their workers compensation insurance compliance to the state where they also pay taxes. I am assuming that since they headquarter in Illinois, then Illinois would be the place to start looking for answers. Here is the number for the Illinois Workers Compensation Division: 866-352-3033. This website is also an excellence source for seeking information on the laws in Illinois, as well as the other states you mentioned (just click on the state in question and it will take you to a bunch of helpful links).

    http://www.workerscompensation.com

    It's a little cheesy and they try and sell you stuff, but it is an excellent source of information none-the-less.

    If he is getting the runaround by his employer already, I would also suggest he contacts a workers comp attorney....they usually don't require any money up front. They get their fees paid from any settlement they obtain, so it is in their best interest to make sure your father-in-law is taken care of. Best of luck to him.

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  • 1 decade ago

    If the company branch that he drives for is located in OH, OH will cover the claim. Or more simply put, The state where he reports to work is the state to file the claim. If his dispatch is in OH, that's where he'll make the claim. If his dispatch is in IL, his claim would be there.

    Also, anther gauge is where he files his taxes. If he files his state taxes in OH, OH should cover the claim.

    If he's getting the run-around, he should forget asking his employer and get a lawyer to do the asking for him. That shouldn't be that hard of a question to get answered.

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  • 1 decade ago

    His WC insurance is via his employer. He should submit his claim to them. (They should have already filed their paperwork within 48 hours or so of his injury). If they have not or if they wish to stall or blow it off, then he should first contact their insurance carrier (there should be a notice posted on a public board at their offices which lists the carrier, or - failing that - contact the State board that oversees WC programs in Ill.

    Sounds a bit like someone is jerking someone's chain here, but then that is just a quick opinion.

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  • Anonymous
    4 years ago

    Actually, no. It's not in the interest of insurance companies to deny claims in these situations. It's in the interest of insurance companies to make sure that your injury is legitimate, and if it is that you get treated as effectively and quickly as possible. An extended court battle will be much more expensive for the company and their insurer than the cost of a few visits to the doctor and related expenses.

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  • Anonymous
    1 decade ago

    Very simple. The claim will be processed in the state in which his employer has their workers comp insurance with.

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  • 1 decade ago

    The company probably has workers comp insurance. It would go through that. Shouldnt matter which state.

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  • 1 decade ago

    i believe theres a superseding federal statue that covers this, the Longshoremans Act or some such. If its going to be a contest he needs a lawyer.

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  • 1 decade ago

    Illinois.

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