If you’re receiving South Carolina workers’ compensation benefits and are considering moving out of state, you may wonder if you can take your benefits with you. When you move to a different state, there can be implications for your workers’ compensation benefits depending on whether you continue to be employed by your current employer or begin to work for a different company in the new state.
You may need to communicate with both your current and new employers about your workers’ compensation coverage to ensure your benefits continue without interruption. Consulting with the South Carolina workers’ compensation attorneys at Joye Law Firm can help you navigate the requirements and protect your rights and benefits during this transition.
Are Worker’s Compensation Benefits Affected by Moving?
If you have a workers’ compensation claim with your employer in South Carolina, it is still valid if you move to another state. However, moving out of state may affect your benefits. The following are a few ways your workers’ compensation benefits can be affected:
Reciprocity agreements
Some states have reciprocity agreements or special provisions to address workers’ compensation cases involving employees working in states or for companies in states other than where they primarily live, such as when an employee relocates to a new state.
South Carolina says injured workers can seek benefits from either:
- The state where they were hired,
- The state where they were injured, or
- The state where their employer is primarily based.
However, the law also states if the employee elects to receive their benefits from a state other than South Carolina, they cannot receive more than permissible under South Carolina’s own workers’ compensation laws.
Georgia, on the other hand, only accepts workers’ compensation claims for injured employees of companies based outside of Georgia in the construction industry.
Coverage and benefits
The coverage and benefits provided by workers’ compensation can vary from state to state. This includes compensation rates, maximum benefit limits, duration of benefits, and types of injuries covered.
When you move to a new state, the benefits you are eligible for may change based on the laws of that state. For instance, if you worked at two companies in South Carolina and were out of work at both for seven days due to an injury, you can receive wage benefits at ⅔ of your average weekly wages at both jobs.
However, North Carolina only allows wage benefits based on your weekly wages at the job where you sustained the injury.
Claim processing
Moving to a different state may involve a change in the insurance carrier responsible for processing your workers’ compensation claim. This can impact the processing and administration of your claim, potentially causing delays or changes in communication channels.
What Happens If I’m Still Employed by the Same Employer, Just Living in a New State?
Employers are required to provide workers’ compensation coverage for their employees, regardless of the state in which they are working. Your workers’ compensation coverage will continue as long as it doesn’t exceed the total amount of compensation your new state allows under their workers’ compensation law.
You should notify your employer about your relocation to ensure they are aware of the change in your work location.
What Happens if I’m Hired by a Different Employer in a New State?
You may continue to receive workers’ compensation benefits from your home state for your medical costs for a work-related injury ( that occurred prior to the move and change of employment) if you change employers and move to a different state. Check with your new state’s laws about choosing doctors for your medical care.
Familiarize yourself with the workers’ compensation laws in South Carolina and your new state to understand your rights and obligations. If you sustain a new injury while receiving compensation for a previous injury from the same job, you can’t receive compensation for both injuries unless the new injury is permanent.
If you have an existing workers’ compensation claim from your previous employment, you must inform your new employer, their insurance carrier, and the workers’ compensation commission. They can guide you through handling your existing claim in a new state, which may involve adjusting your benefits according to your new state’s regulations.
Consult with a Workers’ Compensation Attorney
Navigating the complexities of workers’ compensation can be challenging, those challenges are multiplied when moving to a different state where the laws are different. The workers’ compensation attorneys at Joye Law Firm can ensure you comply with South Carolina law and help you maintain your workers’ compensation benefits.
Our law firm has helped injured South Carolinians get the workers’ compensation benefits they deserve since 1968. If you have been injured on the job, contact us today to book your free, no-obligation consultation to discuss how we can help you obtain and maximize your benefits.
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