Workers who travel on a regular basis may have questions about which state they may receive workers' compensation benefits if they become injured. Over-the-road truckers, airline pilots and flight attendants, and professional athletes are examples of employees who work in different states on a regular basis, but are only in a particular state for a short time.

Such was the case in Hardy v. Procter & Gamble Co., where a medical liaison based in Colorado travelled frequently in the course of her duties. Ohio was one of those destinations, and she had spent a total of 110 days there during her eight-year tenure with the company. During one trip to attend training, she was injured after she fell down a flight of stairs at the company's headquarters. She sought (and received) workers' compensation benefits in Colorado under the company's self-insured program.

She also sought benefits in Ohio, given that her accident occurred there. However, the Ohio Industrial Commission denied her claim. It ruled that when a worker who is a resident of another state and is insured under its workers' compensation program, the worker cannot claim benefits while working temporarily in Ohio.

The Ohio Court of Common Pleas upheld the Commission's findings. The court explained that the determination of whether a worker is temporarily in Ohio (for workers' comp purposes) hinges on how long a worker was in the state (or expected to be there) at the time of the accident. Since the liaison was only supposed to be in Ohio for a two-day class, the court ruled that she was only in the state temporarily and was barred from seeking Ohio workers' compensation benefits.

While this is one example of how another state treats non-resident workers in the state on a temporary basis, other states may have different rules regarding these types of workers. An experienced workers' compensation attorney can help you understand your rights and options.