With the booming economy in Texas, it is very common for folks in other states to come to Texas looking for work. You may even leave your family behind in another state such as California in order to find work in Texas and send money back home. You may work in the oilfields of west Texas near Midland/Odessa, or you may work in the Eagle Ford Shale region of south Texas near San Antonio. Often companies will recruit drivers and oilfield workers out of state and then put them to work in the oilfields, even providing transportation and housing during the work.
Or you may work for a company that is based out of Texas (such as an airline, like American Airlines), and your workers' compensation case is set up under the laws of this state.
Or you may be an over-the-road long haul trucker who is hurt in Texas on a run.
The problem then comes in when you are injured in Texas but your life is somewhere else. You have to navigate another state's workers' compensation laws, while living somewhere else, using doctors who don't understand Texas law.
The first thing to understand is that it is possible for a workers compensation claim to be properly filed in more than one state under a concept of "extraterritorial jurisdiction." That is, if an accident occurs in Texas, and your employer has workers' compensation insurance here, then it for sure can be filed here. But it may be possible to file it in your home state. That would depend entirely on the laws of that state. So you would need to consult with an attorney licensed in that jurisdiction.
An attorney in that jurisdiction can communicate with a Texas attorney to determine which forum may be more advantageous for a particular claim. Some states pay a higher compensation rate. Some states pay benefits for a longer duration. Others allow lump sum settlements. Depending on the facts of your case, it may be wise to file in Texas or elsewhere.
So let's say that you have decided to file in Texas. Texas requires that a notice of injury be filed with the state of Texas Department of insurance, Division of Workers Compensation. That form can be downloaded and mailed/personally delivered/faxed to the state office. Or it can be filled out and filed electronically.
There are exceptions to that rule that an attorney can give advice on, but it is almost always best not to wait past the year to file.
If the claim is filed in Texas, Texas law applies. Income benefits will be based upon the Texas legal formulas for compensation. Doctors will have to submit their billing using Texas workers compensation fee guidelines and deadlines. Medical examinations for benefit determination must be done by a doctor certified to do Texas evaluations, even if the exam occurs out of state. Hearings will be conducted in Texas using a Texas administrative law judge, and an employee who resides out of state can request permission to appear by telephone.
An attorney in such a case can physically appear in the hearing on behalf of the injured employee to make sure that the rights of the employee are properly protected. The employee can appear and testify by speaker phone with permission of the judge.
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