OhioBWC - Employer - Service: (Interstate jurisdiction)

OhioBWC - Employer - Service: (Interstate jurisdiction)

Taking Ohio employees out of state

Ohio's extraterritorial jurisdiction
Ohio employees who are temporarily working out of state are covered under Ohio's workers' compensation system through extraterritorial jurisdiction, but the claims must be filed with Ohio BWC. There's no set time limit on the length of time Ohio coverage applies to employees working out of state as long as the out-of-state work remains incidental to the Ohio employment. An Ohio employer's coverage through Ohio BWC does not respond to claims in another jurisdiction. Even though Ohio employees working temporarily outside of Ohio are covered by Ohio BWC, the other state may require these same workers to be covered under the laws of the state where they are working.

Check other jurisdiction's requirements
Each state has its own coverage requirements. Some states provide an exemption period during which Ohio coverage is recognized as exclusive for Ohio employees working temporarily there, and some states require Ohio employers to obtain workers' compensation coverage under their laws for any work performed there, regardless of how brief. Use the contact list in the link below to contact other states in which you may be working to confirm their current laws. We advise you to document the person with whom you spoke and the information you received. We also suggest you obtain a written statement if possible.

Confirmation of coverage letter
BWC has developed a letter to explain to another jurisdiction under what conditions Ohio BWC's coverage applies when an Ohio employee covered under Ohio workers' compensation is injured while working in another state temporarily. This letter should address the questions and concerns of other workers' compensation systems and assist Ohio employers.

Click here to see a sample letter.

To request a copy of this letter individualized for your company, please send us an email. Include your policy number and the state(s) in which your employees will be working.

Segregating payroll
If an Ohio employer is required or chooses to obtain coverage under the laws of another state for Ohio employees working temporarily there, the employer can complete the Notice of Election to Obtain Coverage from Other States for Employees Working Outside of Ohio (U-131) to avoid paying premiums to more than one state on the same payroll. After we receive the form, the employer does not include on payroll reports submitted to us the amounts paid to employees for work performed temporarily in another state if the amounts have been reported under the laws of that state.
Note: For information purposes NOT for purposes of paying premiums, the amounts reported under the laws of the other state are reportable to BWC on a separate form.