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Understanding New York’s Position on Jurisdiction for Workers Comp

A recent article we posted concerning a deceased worker’s estate losing the claim for workers compensation benefits in Connecticut due to the fact the estate could not establish a significant relationship of work conducted in Connecticut, the state where the worker resided. The Connecticut courts upheld the workers compensation claim denial due to the inability to prove such a relationship existed by the estate.

In New York State, the court has found that if the employment touches New York in some capacity then New York can have jurisdiction. Just because you fly over New York in a plane doesn’t mean you are an employee while in route. But if you are based out of a NY airport and are injured elsewhere, it is considered a New York claim. Likewise, living in Connecticut or New Jersey doesn’t matter if you are injured in New York while on the job. Also, you could even work in New Jersey or Connecticut and be found to be New York employee if you were hired out of New York, reported there and so on.
 
Workers compensation claims involving multiple states for residence and work duties can be confusing. It is in your best interest to consult with an experienced workers compensation attorney who can advise you on the specifics of dealing with multiple state questions. If your workers compensation claim has already been denied, contact our legal team toll free at 888-799-3918 or use our online contact form for more information.

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