Given the long border between Pennsylvania and New Jersey and the common practice of interstate commerce, many workers’ compensation claims can give rise to concurrent jurisdiction. If these issues are not contemplated they can prove to be costly for employers and workers’ compensation insurers. From an injured employee standpoint, multistate jurisdiction presents an opportunity to harness the advantages of each jurisdiction to maximize compensation. Employers and insurers, as a result, encounter complex dual jurisdiction claims with increased overall workers’ compensation exposure. With the assistance of attorneys in both jurisdictions, strategies and solutions can be orchestrated to mitigate exposure and bring about closure in both states. We will explain the salient issues experienced by employers and insurers faced with concurrent jurisdiction cases through examples and offer possible solutions to bring about cost-effective closure to claims covering both jurisdictions.
Both states have laws that prevent the simultaneous receipt of benefits (Pennsylvania by Statute; New Jersey by case law). So, there cannot be a duplication of benefits. However, as the benefits are not entirely similar, an injured employee could seek benefits in both states to maximize recovery. If possible, do not settle in one state without settling in both simultaneously.
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