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WORKERS COMPENSATION FOR OUT OF STATE EMPLOYEES

Out of State Workers Compensation

Employees based in states outside of Minnesota may be eligible for out of state workers compensation if a physical injury is sustained within the state of Minnesota. Minnesota broadly extends the jurisdiction of its workers’ compensation law to any out of state employee who physically sustains an injury while working in Minnesota.  

If a worker from another state is injured while performing work duties within Minnesota, the injured employee usually must forego a right to their home state’s work comp benefits before accepting Minnesota workers’ compensation benefits. But for many Minnesota workers injured while working in another state, the issue becomes– what type of benefits am I entitled to?

THE APPLICATION OF MINNESOTA WORKERS’ COMPENSATION LAW AND BENEFITS TO INJURIES PHYSICALLY OCCURRING OUTSIDE THE STATE IS SOMEWHAT LIMITED.

Except as otherwise provided, injuries occurring outside of Minnesota are not covered.  However, in certain factual scenarios, the injured employee may qualify for out of state workers compensation.

EMPLOYEES REGULARLY EMPLOYED WITHIN THE STATE 

Minnesota work comp coverage will be afforded to any employee injured outside the state if the employee regularly performs the primary duties of employment in Minnesota and was working for the same employer while injured outside the state.  

Minn. Stat. 176.041, subd. 2.  The terms “regularly performs” and “primary duty” is subject to review and interpretation by the court. The specific facts of a case will determine whether out of state workers compensation coverage applies.

EMPLOYEES TEMPORALIY OUT OF STATE 

Minnesota jurisdiction also exists, and work comp coverage will apply, where the employee is hired in Minnesota, by a Minnesota employer, and is injured while temporarily outside the state.  

Minn. Stat. 176.041, subd. 3. All three of these requirements must be present for Minnesota jurisdiction to attach. In this case, the injured employee should be eligible for out of state workers compensation benefits.

AGAIN AS WITH MANY LEGAL TERMS, “HIRED IN MINNESOTA,” “MINNESOTA EMPLOYER,” AND “TEMPORARILY EMPLOYED OUTSIDE THE STATE”  CAN BE INTERPRETED BY THE COURT DEPENDING ON THE SPECIFIC FACTS OF A CASE.

Call our workers’ compensation lawyers if you sustained an injury outside the state of Minnesota while working for a Minnesota employer.  Our attorneys will review the specific facts of your case and determine whether you qualify for out of state workers compensation benefits.

Author Photo

Joshua R. Stokka

Josh has been representing injured workers for over 10 years. After his first job during law school working for a workers’ compensation attorney, he decided that workers’ compensation is what he eventually wanted to do after law school. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice to defending injured workers’ in Minnesota.

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