Which State law applies to my case?
WHEN DOES THE TENNESSEE WORKER'S COMPENSATION ACT APPLY?
Most of the time this question is easy to answer. If the employee worked in Tennessee, the injury occurred in Tennessee and the employer is in Tennessee then it is a Tennessee Workers Comp Case. This question becomes more complicated when the employee is working for an out of state employer or the injury occurs out of state. When that happens here is what the law requires.
INJURED OUTSIDE OF TENNESSEE: If an employee is injured while working outside the state, the Tennessee Workers Compensation can still apply if the employee would have been entitled to Tennessee benefits had the injury occurred in Tennessee. As such, to qualify the employment must have been principally localized in Tennessee or the contract for hire must have been made in Tennessee.
WORKING FOR AN OUT OF STATE EMPLOYER: If the injury occurs in Tennessee but the employer is out of state the court will generally look to where the contract for hire occurred. when determining if Tennessee law applies. This can be complicated. Did the interview occur in Tennessee? Did the acceptance of the offer happen in Tennessee or did the employee contact an out of state employer and offer to work for them? These and multiple other factors will be considered by the court. As such, if you are uncertain as to what state law applies to your claim you should contact one of our experienced workers compensation lawyers.
WHAT STATE LAW DO YOU WANT?
As set forth previously, each state has different workers compensation benefits available to injured workers. Some states have better benefits than others. Also, in some cases an employee will have a choice between different state laws that could apply to their case. Since the benefits can be so different it is important to explore the applicable state laws before you decide how to proceed. It is also important to note that if you accept benefits under a specific state law without objection you may be stuck with those benefits. As such, an injured worker should contact a workers compensation lawyer early to decide what is in your best interest.
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