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Estimated reading time: 20 minutes
Yes — in most cases you can get California workers comp out of state injury benefits if the injury arose out of and in the course of your employment and your job is sufficiently connected to California. Facts matter: where you were hired, your regular work location, and whether the assignment was temporary can change which state’s system applies; read the checklist and step‑by‑step guidance below.
Disclaimer: This article is informational and not legal advice. For case-specific guidance contact a California workers’ compensation attorney.
Key Takeaways
- California can cover an out-of-state work injury when you are “regularly employed” in California, were hired in California, or were on a temporary assignment tied to California (see Labor Code §3600.5 and §5305).
- Report the injury quickly, get medical care, preserve evidence, and file a DWC‑1 claim form; delays can jeopardize benefits (see the California DWC).
- “Traveling employees” and short-term out-of-state assignments are commonly covered when the travel or assignment is authorized and for the employer’s business, per practical rules summarized by Citywide Law.
- Concurrent jurisdiction is possible (both states may accept claims). Insurers coordinate benefits so you don’t double collect; strategy matters (Out-of-state workers’ compensation guide).
- If denied, request a written explanation, gather evidence, and consider filing with the DWC; many denials are reversible with timely appeals and medical support.
Short answer — can you get CA workers’ comp if you’re hurt working in another state?
Often yes. California extends coverage to employees who are “regularly employed” in California but temporarily work out of state (Labor Code §3600.5(a)). California may also assert jurisdiction if the employment contract was made in California (Labor Code §5305), and courts have limited the importance of residency compared to hiring location and regular place of work as summarized by Citywide Law. Practically, jurisdiction work injury different state rules mean the state of injury may also accept the claim; sometimes both states have a role, and you will coordinate benefits so you don’t receive duplicative payments (see Insureon’s cross‑border guide).
Immediate checklist — what to do right after you got hurt out of state work claim
Seek urgent medical care and document everything
Get emergency or urgent care immediately. In an emergency, you may treat at the nearest facility, and those costs should be covered once your claim is established under California workers’ compensation rules (see the California DWC (forms & filing guidance)). Ask for written records: facility name, address, treating physician, date/time, diagnosis codes, and discharge instructions. Save every receipt, including medications and medical devices.
Notify your employer (sample wording)
Report as soon as possible—ideally within 24 hours—and follow up in writing. Early reporting preserves evidence and helps avoid disputes about work-relatedness. Guidance summarized by Citywide Law recommends timely notice and highlights that delays can reduce protection.
- Written message (email/text) example: “I was injured on [date] at [time] while performing [work task] at [location, city, state]. I received treatment at [facility]. I am regularly employed in California and intend to file a California workers’ compensation claim. Please send the DWC‑1 and insurer contact details.”
- Verbal/voicemail script (short): “This is [name]. I had a work injury today at [location] while doing [task]. I’m getting medical care. Please send the DWC‑1 claim form and claims contact. I’m regularly employed in California.”
Preserve evidence and witness info
Photograph the scene, equipment, and any hazards; note time, weather, and the job you were performing. Keep involved clothing/equipment unwashed and stored. Collect witness names, numbers, and short written statements while details are fresh. Practical examples and reminders appear in California workers can get comp for out-of-state injuries.
- Request the workers’ compensation claim form (DWC‑1) and keep a photo or scan of every page after you sign (DWC-1 Claim Form (point to forms page)).
- If you paid out of pocket for emergency care, keep receipts for reimbursement later.
- Do not sign medical releases or settlement offers without a legal review.
How jurisdiction works for a work injury in a different state (jurisdiction work injury different state)
“Arising out of and in the course of employment” explained
Coverage requires that your injury both “arise out of” employment (a causal link between your work and the injury) and occur “in the course of” employment (during work hours, performing job duties, or while traveling on authorized business). Clear explanations and examples are summarized by Citywide Law—e.g., lifting employer equipment or being injured while on a scheduled client visit generally satisfies the test.
Multi-state employment, temporary assignments, and the “traveling employee” rules
California’s extraterritorial rule (Labor Code §3600.5) allows employees “regularly employed” in California to claim benefits for out-of-state injuries. California may also take jurisdiction under Labor Code §5305 when the employment contract was formed in California. Courts have limited residency barriers; what matters more is where you were hired and where you usually work, per Citywide’s summary.
For traveling employees, authorized travel is typically considered part of the job, so injuries during such travel are usually compensable (see Citywide’s discussion and practical examples). Assignments that are clearly temporary and arranged by a California employer are also commonly covered (see CalWorkSafety’s article).
When California law will govern vs. when the other state will govern
Sometimes both states have jurisdiction. You might file in the injury state and/or California if you’re regularly employed here (see Insureon’s cross‑border guide and Citywide’s article). Strategy depends on benefits, timelines, and your work nexus to California. Insurers coordinate so that you don’t receive duplicate benefits, and one system may be designated primary while the other is secondary.
- Practical indicators (yes/no): Where were you hired? Where is payroll run? Where is your employer headquartered? Where do you regularly perform work? Was the out-of-state stay short-term or long-term?
Traveling employee California workers compensation — special rules and examples
A traveling employee is someone whose job inherently requires travel—sales reps, field techs, claims adjusters, consultants, and project managers. California treats authorized travel as part of employment, so injuries during business travel are generally covered (see Can I get workers’ compensation benefits if I’m injured outside California?).
Examples:
- Slip-and-fall en route to a client meeting at a trade show in New York—coverage is likely because the travel and meeting are work-related.
- A California-based adjuster assigned to a neighboring state for four weeks who strains a back lifting files—coverage is likely because the assignment is temporary and authorized by a California employer.
Tip: Carry your employer ID/assignment letter, keep copies of emails authorizing the trip, retain itineraries, and save expense reports. These records support that your travel was in the course of employment (as discussed in Citywide’s practical guidance).
Temporary work assignment injury CA — what changes if you were assigned temporarily out-of-state
If (1) your primary employment is in California, (2) your out-of-state assignment is temporary and arranged by a California employer, and (3) the injury arises out of and in the course of employment, California coverage typically applies (see Citywide’s guide to out-of-state injuries and CalWorkSafety’s article).
Documents that help: assignment emails/memos, pay stubs showing California payroll, travel approvals, and evidence of assignment duration. Employers should authorize medical treatment promptly, report to the insurer, provide the DWC‑1 form, and coordinate with out-of-state providers as needed (California DWC).
Step-by-step: filing a claim if you got hurt out of state work claim
Reporting to employer and requesting a claim form
Report ASAP—ideally within 24 hours—and confirm in writing. Include the date/time, location (city/state), who witnessed the incident, what you were doing, and where you received care. Prompt reporting supports your claim and reduces disputes, as emphasized by Citywide. For a full walkthrough of early steps, see Visionary’s guide on how to file a workers’ comp claim in California.
Filing DWC forms (or equivalent) and where to send them
Ask for and complete the DWC‑1 claim form. Fill in your contact details, employer name, exact out-of-state location of injury, a clear description of the incident, and any witnesses/providers. Keep scans of all pages. If you don’t receive a form promptly, get it from the DWC-1 Claim Form (point to forms page). For a line-by-line help article, see Visionary’s DWC‑1 form download and completion guide.
Send the completed form to your employer and their insurer (email and certified mail if possible). Use a consistent filename such as “Lastname_Firstname_DWC1_YYYYMMDD.pdf”.
Getting medical treatment under the claim (authorized treating physician)
Emergency care can be obtained immediately and should be covered once the claim is established. After stabilization, the employer/insurer typically directs you to an authorized treating physician or a medical provider network. If you’re still out of state, tell the adjuster your current location and request an in-network provider nearby or written authorization for the out-of-state doctor. See the California DWC and the Citywide overview of out-of-state treatment logistics (Citywide Law).
Keep every medical record, imaging report, and receipt. If anything is denied or delayed, note who said what and when; these details help in appeals. For broader filing context, review Visionary’s guide to applying for workers’ comp in California.
What benefits are available (medical, temporary disability, permanent disability, vocational rehab)
Medical benefits: California workers’ compensation pays for all reasonable and necessary treatment related to the work injury—ER visits, specialist care, imaging (X‑ray/MRI/CT), surgery, physical therapy, prescriptions, and durable medical equipment. There is no “cap” on medically necessary care for an accepted claim (DWC; see also Citywide’s summary of scope in out-of-state injury coverage).
Temporary Disability (TD): Generally two‑thirds of your average weekly earnings up to a statutory maximum, paid while you can’t work or can only do limited duty. For current caps and minimums, consult California DWC benefit rates. See Visionary’s explainer on how long workers’ comp benefits can last.
Sample TD calculations:
- Short-term TD (6 weeks missed): If your AWW is $1,200, the TD rate is typically 2/3 × $1,200 = $800/week (subject to statutory max). Over 6 weeks, that’s roughly $4,800 before taxes (workers’ comp TD is generally not taxable income).
- Longer TD (16 weeks missed with partial return): If your AWW is $1,500, TD is 2/3 × $1,500 = $1,000/week (subject to max). If you return part-time at $600/week, temporary partial disability may pay a fraction of the loss toward the $1,500 baseline—e.g., 2/3 × ($1,500 − $600) = $600/week (subject to caps). Precise amounts depend on rates and medical restrictions.
Permanent Disability (PD): If you have lasting impairment, PD is based on an impairment rating (AMA Guides), your age/occupation, and apportionment. Benefits may be structured in payments or resolved through settlements (e.g., Stipulations or Compromise & Release). For a broader overview, see Visionary’s guide to workers’ compensation benefits.
Vocational rehabilitation: If you can’t return to the old job, you may qualify for a supplemental job displacement benefit (SJDB) voucher to help retrain for new work. For re-training options and timing, see Visionary’s job retraining after injury guide.
Coordination between California and other states — concurrent claims, denied coverage, and forum selection
Because multi-state claims can trigger jurisdiction in both the injury state and California, you may be able to open claims in both places. Ultimately, you can’t double collect; carriers coordinate primary/secondary coverage and credits. Decision points include where you were hired, where payroll and HQ are located, where you regularly work, and how long the out-of-state assignment lasted (see Insureon and Citywide Law’s guidance).
- Action tips: Notify both carriers, keep meticulous records, request written statements of jurisdiction decisions, and track benefits paid by each system.
- Forum selection: An attorney can compare wage rates, medical rules, and PD frameworks to help decide where filing first is most favorable.
Common scenarios & sample outcomes
Business travel for a CA employer
Facts: CA-based consultant travels to Chicago for two weeks and breaks a wrist in the hotel lobby while heading to a client session.
Outcome: Typically covered by California workers’ compensation as a traveling-employee injury during authorized business travel (see Citywide’s examples).
What to do next: Seek local care, notify your employer in writing, request DWC‑1, preserve invoices/itineraries, and follow the steps in Visionary’s how to file a claim guide.
Short-term temp assignment arranged by a CA employer
Facts: Assigned to Texas for three months to train staff; suffer a back strain lifting equipment.
Outcome: Commonly covered by California workers’ comp due to a temporary assignment originating from a California employer (see Citywide and CalWorkSafety).
What to do next: Compile the assignment memo, CA pay stubs, and travel approvals; file California DWC‑1; track medical and wage loss; see Visionary’s benefits overview.
Hired in CA but working remotely in another state permanently/temporarily
Facts: Hired in California but working from Colorado; a chair collapses during work hours and you’re injured.
Outcome: Fact-specific. California may claim jurisdiction based on hire/location-of-employment; Colorado may also assert jurisdiction as the injury state. Lawyer review is wise to evaluate filing strategy (see Insureon guide and Citywide’s discussion).
What to do next: Report promptly, save proof of CA hire, employment contract, payroll, and regular work pattern; consult counsel; consider which forum provides stronger benefits.
Injuries during commute or personal detour (scope of employment issues)
Facts: While on a temporary out-of-state assignment, you’re injured in a car crash on a personal shopping trip.
Outcome: Usually not covered—personal errands fall outside the course of employment. In contrast, driving to a required team dinner or client event is more likely covered. See Citywide’s scope-of-employment distinctions.
What to do next: Document the purpose of travel; if work-related, preserve emails/itinerary; if personal, speak with counsel about other insurance options.
Deadlines, evidence, and practical tips (medical records, witness statements, photos)
Timelines: Report ASAP, ideally within 24 hours; provide formal notice within about 30 days for best protection (see Citywide’s guidance). For formal filing, California generally allows up to one year to file the claim with the DWC/WCAB, but you should act promptly; confirm your exact deadline with counsel.
Evidence checklist: ER/clinic notes, imaging results, prescriptions, provider referrals, witness names/contacts, photos of scene/equipment/injury, time-and-date-stamped files, assignment letters/emails, itineraries, travel receipts, payroll records, and preserved clothing/equipment.
Practical tips: Create a single PDF claim packet; timestamp emails; send key items by certified mail; maintain a chronological log; and use consistent naming conventions for documents. For broader deadline strategy, see Visionary’s benefits duration guide and our post on working while on workers’ comp in California if you anticipate modified duty or a second job.
What to do if your employer or insurer says you’re not covered
Common denial reasons include: “not work-related,” late notice, independent-contractor status, or a pre-existing condition. These themes often appear in multi-state claims; see Citywide’s overview.
Appeals, timelines, contacting DWC, and when to retain counsel
- Request reconsideration in writing: Ask for the detailed denial, the adjuster’s reasoning, and the specific evidence relied upon. Provide clarifying records (e.g., assignment letter, hire-in-CA proof) and request a new determination. Short script: “Please provide the denial in writing and direct me to the person handling appeals; I am pursuing reconsideration and will file with DWC if necessary.”
- File with the DWC/WCAB: You can formally pursue your claim through the DWC/WCAB; hearings happen before a workers’ compensation judge (California DWC). For a step-by-step appeals guide, see Visionary’s resource on appealing a denied workers’ comp claim.
- Independent medical evaluation (QME/IME): When causation or impairment is disputed, an independent evaluation can be pivotal. Make sure the evaluator has all records and an accurate history.
- Retain counsel: California workers’ comp attorneys often work on contingency and can file petitions, attend hearings, coordinate medical-legal exams, and negotiate settlements. See Visionary’s primer on benefits and representation.
Conclusion
If you suffered a California workers comp out of state injury, act quickly: get medical care, notify your employer, request and file a DWC‑1, and gather documents that prove your work connection to California. Understand how Labor Code §§3600.5 and 5305, temporary assignment status, and traveling-employee rules apply to your situation. When in doubt, speak with a California workers’ compensation attorney to compare jurisdiction options and protect all benefits—medical, wage replacement, and permanent disability—without delay.
Need help now? Get a free and instant case evaluation by Visionary Law Group. See if your case qualifies within 30-seconds at https://eval.visionarylawgroup.com/work-comp.
FAQ
Can I get California workers comp out of state injury?
Usually yes—if your injury arose out of and in the course of employment and you’re regularly employed in California or hired here, you can often claim benefits even when hurt elsewhere (see Citywide’s out-of-state guidance and CalWorkSafety’s post).
I got hurt out of state work claim — what do I do first?
Seek urgent care, notify your employer in writing, request the DWC‑1 claim form, and preserve evidence (records, photos, witnesses). See the California DWC and the Citywide Law overview of out-of-state claims.
How does jurisdiction work for a jurisdiction work injury different state?
Jurisdiction depends on factors like where you were hired, where you regularly work, and whether the injury occurred while performing job duties; sometimes both states may be involved (see Citywide’s analysis and Insureon’s cross‑border guide).
Are there special rules for traveling employee California workers compensation?
Yes. Authorized work travel is generally considered in the course of employment, so travel injuries are typically covered (see the Citywide discussion of traveling employees and temporary assignments).
What if my injury occurred during a temporary work assignment injury CA?
If your primary employment is in California and the assignment was temporary and employer-arranged, California coverage commonly applies; keep assignment memos and CA payroll proof (see Citywide and CalWorkSafety for examples).
For detailed filing steps and forms, see Visionary’s guides to filing a workers’ comp claim, completing the DWC‑1 form, and appealing denials if needed.
