Can I Receive Workers’ Comp for an Out-of-State Accident?

Picture of a truck driver making a callAs a Gulf State, many of the industries in Louisiana involve workers traveling outside state borders. And many of these jobs involve working with heavy equipment, meaning that the potential for serious injury and wrongful death is heightened. So, what if a worker is injured while working for a Louisiana-based business, but the injury does not occur in Louisiana? Can workers still seek workers’ comp?

Extraterritorial Workers’ Comp Coverage in Louisiana

If you are injured while working out-of-state, you are still able to seek workers’ comp. Louisiana Revised Statute 23:1035.1 provides extraterritorial coverage to employees injured while working outside of Louisiana’s borders. The specific statute reads:

  1. If an employee, while working outside the territorial limits of this state, suffers an injury on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by this Chapter had such injury occurred within this state, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this Chapter, provided that at the time of such injury:
    1. his employment is principally localized in this state, or
    2. he is working under a contract of hire made in this state.

Workers’ comp is not the only remedy available to injured workers. If negligence on the part of a third-party leads to your injury, you can seek damages from that third-party through a personal injury lawsuit.



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