Scranton Pa. Wilkes Barre Work Injury- Workers Compensation

Date: April 29, 2014
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Question: I live in Scranton and I work for a trucking company based in Pennsylvania. I injured my back last week unloading a trailer in New Jersey. I filed an injury report and I’m waiting to hear back from the insurance company. Will this be a New Jersey claim or a Pa. claim? I’d hate to have to travel to New Jersey for any type of hearing. Anonymous, Pa.
Answer: In questions of jurisdiction, the Pa. Workers Compensation Act will apply if the injury occurred in Pennsylvania. Your injury occurred in New Jersey. You still may have a claim under Pa. jurisdiction if you can establish the following:
•-your employment is principally localized in Pa.; or
•-you were working under a contract of hire made in Pa. and the employment is not localized in any state; or
•-you were working under a contract of hire made in Pa. in employment principally localized in another state whose workers comp law is not applicable to the employer; or
•-you were working under a contract of hire made in Pa. for employment outside the U.S. and Canada.
If you’ve suffered a work injury and have questions about your claim email me at tcummings@dlplaw.com or call (570) 347-1011.
Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.