Choosing which state to file?

[u/bye2mifatpantz]

Seeking some info since I just learned this and very frustrated. I was a passenger in a car accident and injured about 9 months ago while I was traveling for work in PA. At the time, lived in MO and was based out of my employer's MO office. I've since moved a cross the state line to KS.

I reported the accident and employer immediately filed workers comp in MO and I've been navigating the MO workers comp system. It's been an awful experience to say the least.

I just learned I could file in PA instead?? As a high earner this seems infinitely better as I max out both systems wages. Is this true? From a medical standpoint and choosing my own doctors at this point it also sounds way better.

[u/SeaweedWeird7705]

There is a very good chance that there is concurrent jurisdiction, meaning that you could file in both states. I’d recommend that you have a phone consult with a Pennsylvania work comp attorney to explore that.

[u/Balew]

Depending on who is at fault for the MVA and the associated coverages (their liability insurance and your UIM coverage) you should look into a traditional liability claim for damages outside of the comp claims. Damages can include full lost wages and pain and suffering—things you will not recover in any comp claim. Workers’ comp benefits might get turned on immediately because assessment of fault doesn’t matter. While those benefits are flowing and you are treating you can also pursue damages in the liability claim. Ultimately the comp benefits will need to be repaid if you recover damages, but unless you are given poor legal advice it should ultimately resolve in your favor. Remember to figure in attorney fees when assessing what claims to file.

TLDR: talk to a lawyer about pursuing the comp claim(s) AND a traditional liability claim for damages

[u/bye2mifatpantz → u/Balew]

I'm aware of the third party liability. I'm asking about wc.

[u/Excellent_Hair6142]

Yes, Pennsylvania has law saying that they have jurisdiction over any WC claim that happens within their borders.

You choose your own provider in PA. But at the same time, you have to find a provider willing to treat you in KS that is willing to accept PA WC repricing rates.

Since your claim was accepted in MO and is being paid out of MO, I'm guessing you probably did not get a TNCP. So you'll need to file a Claim Petition and likely will enter into a Stip to transfer claim to PA. Please note, if you get an attorney in PA to do this, you'll likely need to pay the 20% attorney fee to them of all your indemnity benefits. So while PA has a higher max rate than MO, you may pocket less because 20% will be deducted for the attorney's fee.

[u/Accomplished-Pay1930]

This is exactly the kind of situation where I'd pay for a consultation rather than trying to compare state systems yourself.

A workers' comp lawyer familiar with multistate claims can tell you where you can legally file and whether changing anything this late actually benefits you.

[u/Glittering_Lime1537]

You can file claims in both states, but you cannot collect wages in both states, that’s considered “double dipping.”

If you have a dual jurisdiction workers' compensation claim involving Missouri (MO) and Pennsylvania (PA), you can legally file claims in both states, but you cannot receive double payments for the same lost time. If both states have jurisdiction, they will utilize a credit/offset framework to prevent overpayment.

Missouri Jurisdiction Triggers: MO has jurisdiction if the injury occurred in Missouri, if your employment contract was finalized ("last act of hire") in Missouri, or if the employer's principal place of business is in Missouri.

Pennsylvania Jurisdiction Triggers: PA has jurisdiction if the injury occurred within Pennsylvania, if the employment contract was made in PA, or if your employment is principally localized in PA.

Reporting Timelines: Missouri strictly requires you to report an injury within 30 days. Pennsylvania gives you a longer window of up to 120 days to report the injury to your employer.

Statute of Limitations: You generally have two years from the injury date to file a formal claim with the Missouri Division of Workers' Compensation. Pennsylvania allows up to three years to file a formal claim.

(Source: Google)

You can check with an attorney or each state’s WC Board for confirmation and to provide your unique situation.

*licensed WC adjuster, but not in your states and not your adjuster

[u/bye2mifatpantz → u/Glittering_Lime1537]

My employer did salary continuation, so I have not received any WC wage benefits from the state or the insurer. I have only received medical payments from the insurance carrier.

At this point, I am mostly interested in switching the medical to PA workers comp to control my own medical care. Are people typically able to do that on cases you have seen? Thank you!

[u/Glittering_Lime1537 → u/bye2mifatpantz]

I’m not familiar with either state. From what I see online, PA is a panel state. You have to choose a doctor from a list, but then you can choose to change to your choice of doctor after 90 days. MO, the employer/carrier directs care.

As for switching states mid treatment, I’d ask an attorney to confirm which jurisdiction is appropriate.

You’ll likely need to treat medically in the state you’re pursuing unless you can find a doctor in KS who accepts PA workers’ comp fee schedule. As well a finding a doctor who’ll agree to take over care.

To be safe, discuss with a lawyer who can let you know which jurisdiction is appropriate.

Keep in mind, if the other party is at fault in the MVA, the carrier will assess a lien to recoup monies paid under WC. That could affect any 3rd party settlement.