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two different states - deberini - 12-10-2008

I have two seperate w/c claims with the same company but in two states, California and Ohio, can these be combined into one litigation now that I live in SC?


RE: two different states - hurt at work - 12-10-2008

hi deb and welcome im not sure but i dont think so because every state has different laws regarding work comp.maybe if you talk to a lawyer they may be able to do something for you as in combining the two cases but with different laws it might be hard or fair to you.


RE: two different states - 1171 - 12-10-2008

no. each system tracks their loses separately and it affects the rates in different ways.


RE: two different states - bronco54501 - 12-10-2008

I find this interesting, I travel between 2 states when working. I was hurt in WI and If I were to get hurt again in different state, do you collect from both states each at 2/3 pay or do they combine and then 2/3rds.


RE: two different states - 1171 - 12-10-2008

no combination, no affect on each other. each claim handled separately according to the laws of that jurisdiction.
not all states pay at 2/3.


RE: two different states - RNvic - 12-10-2008

when I got hurt I was working in Ne and home address is in IL. My lawyer filed under IL as that is my home state.


RE: two different states - kate - 12-11-2008

RNvic Wrote:when I got hurt I was working in Ne and home address is in IL. My lawyer filed under IL as that is my home state.

I think what you are saying is that you had a single injury in one state while living in another. If I'm understanding deberini correctly, this is 2 separate injuries that occurred in 2 different states. That would be an entirely different scenario. If that is the case, the injuries could be handled separately as they are both in different states although in some states the jurisdiction is not necessarily in the state you were injured but where the employment contract was made.

For example. I am hired by a company in Florida and transferred to Georgia. I am injured in GA. I am able to elect to collect WC under FL law as the employment contract was made in FL. Then I move to Alabama, still working for the same company and am injured again. I can still elect FL WC as that was where the employment contract was made.

If deberini had 2 separate accidents and they are being handled under 2 different state laws, they will not combine.


RE: two different states - hurt at work - 12-11-2008

good catch kate i think you seen what we didnt.