You can move out of state if you need to because of a work injury, but there’s a number of things you have to juggle.
Medical Care
The most significant immediate challenge when moving out of state is how to continue getting medical care.
The insurance company has to pay for medical benefits regardless of where you are, in fact, the law requires that the insurance companies notify you about the procedures on getting a new doctor when you move outside of Colorado.
There are, however, 2 challenges:
1. Selecting an authorized doctor. There are 3 ways to do it:
- Referral from your treating doctor in Colorado
- b) Asking the insurance company to select the doctor for you
- c) Choosing your own if they fail to do so in time
2. Finding a doctor in your new state willing to deal with other state’s work injury laws, fee schedules, and all the rules and regulations. A judge can’t order an out of state doctor to provide care, but if you can find a doctor willing to treat you under the Worker Compensation rules of Colorado regardless of where you are, it’s going to get covered.
Lost wage benefits
If you have restrictions that impair your ability to do your regular job, the insurance company has to pay you 2/3 of your lost wages.
If you’re out of state and your employer offers you modified work back in Colorado there might be a problem if you refuse.
There are new laws stating that if the job offer requires you to commute more than 50 miles is presumed unreasonable, but there are previous cases saying that if the only reason you can’t take the job is because you moved out of state, that’s not a good enough reason to turn it down and they can shut off your wage loss benefits.
Your employer may offer you modified duty knowing you can’t take it because you’re out of state. If that happens you need a lawyer to be able to respond to those job offers which could stop your right to lost wages.
Permanent impairment rating
Your impairment rating is a calculation of the loss of your body function. It’s based on the AMA Guides to Rating Impairment, and each state uses a different edition.
Under Colorado law, a doctor that hasn’t completed the Colorado accreditation course cannot complete an impairment rating, which means you may have to travel back to Colorado in order for your impairment rating to be calculated. You may be able to get your rage of motion calculated out of state and have that information shared with a doctor back in Colorado, but you may still need to return to Colorado for all exams.
If the insurance company needs to bring you back for an evaluation, they will have to pay for your transportation and travel, but if you’re looking to challenge the impairment rating of the doctor or you want to get an evaluation with a doctor of your choice, you may have to pay for traveling.
Finally, there is the added complexity of attending your hearings, but as most hearing can now be virtual, it is rare that this is an issue. Overall, you can of course move out of state while receiving workers’ compensation benefits, but there are some challenges you should be aware of.
Connect with Kaplan Morrell
Facebook: https://www.facebook.com/
KaplanMorrell Instagram: https://www.instagram.com/workcompcolorado
Twitter: https://twitter.com/kaplan_morrell
En Kaplan Morrell ofrecemos consultas gratuitas y hablamos español. https://kaplanmorrell.com/abogados-de-accidentes-de-trabajo/
