§ 411.2. Injuries occurring extraterritorially
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ CompensationEffective: October 24, 2018
Effective: October 24, 2018
77 P.S. § 411.2
§ 411.2. Injuries occurring extraterritorially
(a) If an employe, 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 act had such injury occurred within this State, such employe, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this act, provided that at the time of such injury:
(b) The payment or award of benefits under the workmen's compensation law of another state, territory, province or foreign nation to an employe or his dependents otherwise entitled on account of such injury or death to the benefits of this act shall not be a bar to a claim for benefits under this act; provided that claim under this act is filed within three years after such injury or death. If compensation is paid or awarded under this act:
(1) The medical and related benefits furnished or paid for by the employer under such other workmen's compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employe would have been entitled under this act had claim been made solely under this act.
Nothing in this act shall be construed to mean that coverage under this act excludes coverage under another law or that an employe's election to claim compensation under this act is exclusive of coverage under another state act or is binding on the employe or dependent, except, perhaps to the extent of an agreement between the employe and the employer or where employment is localized to the extent that an employe's duties require him to travel regularly in this State and another state or states.
<Section 4(2) of Act 2018, Oct. 24, P.L. 804, No. 132, imd. effective, provides that the amendment of 77 P.S. § 411.2(c) by that Act shall apply retroactively to claims existing as of Oct. 24, 2018, for which compensation has not been paid or awarded.>
(c) If an employe is entitled to the benefits of this act by reason of an injury sustained in this State in employment by an employer who is domiciled in another state and who has not secured the payment of compensation as required by this act, the department may verify with the commission or agency of such other state having jurisdiction over workers' compensation claims that such employer has secured the payment of compensation under the workers' compensation law of such other state and that with respect to said injury such employe is entitled to the benefits provided under such law.
In such event:
(ii) If such employer's liability under the workmen's compensation law of such other state is insured, such employer's carrier, as to such employe or his dependents only, shall be deemed to be an insurer authorized to write insurance under and be subject to this act: Provided, however, That unless its contract with said employer requires it to pay an amount equivalent to the compensation benefits provided by this act, its liability for income benefits or medical and related benefits shall not exceed the amounts of such benefits for which such insurer would have been liable under the workmen's compensation law of such other state.
(4) If the total amount for which such employer's insurance is liable under clause (3) above is less than the total of the compensation benefits to which such employe is entitled under this act, the department may, if necessary, require the employer to file security to guarantee the payment of benefits due such employe or his dependents under this act.
(5) Upon compliance with the preceding requirements of this subsection (c), such employer, as to such employe only, shall be deemed to have secured the payment of compensation under this act and shall not be an uninsured employer for purposes of Article XVI.1
(c.1) If an employe alleges an injury that is incurred with an employer which is domiciled in another state and which has not secured the payment of compensation as required by this act, such employe shall provide to the Uninsured Employers Guaranty Fund, and to any workers’ compensation judge hearing a petition against the fund, a written notice, denial, citation of law or court or administrative ruling from such other state or an insurer licensed to write insurance in that state as to that employer, indicating that the employe is not entitled to workers' compensation benefits in that state. No compensation shall be payable from the Uninsured Employers Guaranty Fund until the employe submits the notice, denial, citation or ruling, however, the employe may file a notice or petition against the fund under Article XVI prior to the submission.
(4) A person's employment is principally localized in this or another state when (i) his employer has a place of business in this or such other state and he regularly works at or from such place of business, or (ii) having worked at or from such place of business, his duties have required him to go outside of the State not over one year, or (iii) if clauses (1) and (2) foregoing are not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
(5) An employe whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another such state, and, unless such other state refuses jurisdiction, such agreement shall be given effect under this act.
Credits
1915, June 2, P.L. 736, No. 338, art. III, § 305.2, added 1974, Dec. 5, P.L. 782, No. 263, § 9, effective in 60 days. Amended 2018, Oct. 24, P.L. 804, No. 132, § 1, imd. effective.
Footnotes
77 P.S. § 2701 et seq.
77 P.S. § 411.2, PA ST 77 P.S. § 411.2
Current through Act 18 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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