Will Moving Out of State Affect My Workers’ Compensation?

If you’re receiving Kentucky workers’ compensation benefits and are thinking about moving out of state, you may be wondering if you can take your benefits with you. It’s an understandable concern, particularly if the benefits account for a significant portion of your current income.

If you are considering moving out of state and have questions about a worker’s compensation claim in Kentucky, we will be glad to assist you. Contact an attorney at Morgan, Collins, Yeast & Salyer. Our Kentucky Courage attorneys can help you determine the appropriate steps to take.

If you need help with a workers’ compensation claim, contact Morgan, Collins, Yeast & Salyer today for a free consultation with an experienced Kentucky workers’ compensation lawyer.

Are Workers’ Compensation Benefits Affected by Moving?

You may move while receiving worker’s compensation benefits. A workers’ compensation insurance provider cannot require you to live in a particular state. Many workers live in one state and work in another state. If you have a qualifying claim with your employer in Kentucky, it’s still valid whether you live in Kentucky or move to Ohio, for example. But a move out of state can have consequences that you should consider.

For practical reasons, it may be easier to delay your out-of-state move for a period of time if you have an ongoing workers’ compensation claim. As a matter of convenience, it may be easier on you to attend the meetings, depositions, and the hearing before a judge in Kentucky if you delay your move. Otherwise, you may have to return to Kentucky to attend these meetings.

Receiving benefits might be more difficult if you move because you will be changing addresses and bank accounts. It may take some time for the worker’s compensation insurance administrator to process the address change, which could cause a delay in getting your benefits. You should alert the worker’s compensation insurance administrator of your intentions long before you actually move.

How Does Moving Out of State Affects Workers’ Compensation?

If you are receiving medical treatment through workers’ compensation, you will need to get established with a new doctor. You are best advised to arrange a new doctor before you move to avoid any disruption in your treatment.

In Kentucky, workers can generally choose the doctor who treats their injuries unless their employer belongs to a managed health care network. In that case, you would need to look for a new physician in the state where you are moving is in the same managed care network.

Finding a doctor in another state that treats injured workers and accepts cases from Kentucky can be challenging. The doctor may not accept the reimbursement rate authorized by the Kentucky workers’ compensation program.

You should discuss the planned move with the workers’ compensation insurance administrator before making the move to avoid disrupting your medical benefits.

Does Moving To A Different State Affect A Workers’ Compensation Case?

While moving to a different state may not directly affect your benefits, it can affect your workers’ compensation case if you have not yet secured benefits.

For example, if you move out of state, especially somewhere far from Kentucky, you might have to travel to Kentucky to attend depositions or a hearing.

Before you move, you should determine whether the court will allow you to video-conference into such events or whether you will need to travel back to Kentucky and make an in-person appearance.

What Happens if You Move During Your Workers’ Compensation Claim?

 An employer may use your move as an excuse to try to terminate your benefits.

It is critical to have a plan in place before you move so that your benefits are not negatively impacted.

While you are entitled to move while collecting workers’ comp benefits, you should speak with an attorney about the potential implications of doing so.

Will Moving Out-of-State Impact Workers’ Compensation Case?

If your workers’ compensation case is still pending, moving out of state could present some challenges. One is that your employer could allege that you are moving in an effort to remove yourself from the workforce, which precludes you from receiving the compensation to which you’re entitled.

Sometimes, to avoid liability, employers will claim that there are other jobs in your area that you could have performed in spite of your injuries.

If you relocate somewhere far away, your employer could argue that you left your job and the area of your own free will, and not because you couldn’t find suitable work. As a result, you might need to hire an attorney to help you demonstrate how your move is justified.

Can You Still Get Workers Comp Benefits If You Move Out Of State?

While you can typically continue receiving benefits even if you move out of state, there are some things you should take into consideration as you are planning your relocation.

First, you should make sure that your treating physician has cleared you for relocation. If your physician does not sign off on your move and you decide to relocate without their approval, the insurance company could cut off your benefits. It’s always a good idea to check in with your treating physician to determine whether moving is permissible.

Second, if you decide to relocate, the insurance company might subject you to further scrutiny. In fact, some insurance companies even go so far as to enlist investigators to stake out claimants to determine whether they are following their doctor’s recommendations. If you are not following your doctor’s orders and the insurance company believes that your benefits are no longer justified by your condition, then they might stop your payments. Even if your physician clears you to leave Kentucky, you should always continue following their treatment plan.

Speak With a Workers Comp Attorney

If you are currently receiving workers’ compensation benefits and are planning to move out of state, consider speaking with a Kentucky workers’ comp attorney at Morgan, Collins, Yeast & Sayler to learn how the move could affect your benefits. If you are experiencing pushback from the insurance company, our attorneys can help you resolve the dispute or even negotiate a settlement.

 Call us today at (877) 809-5352 for a free, no-risk case evaluation.

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