Will My Ohio Workers' Comp Cover Workers That Are Out of State?

If your Ohio-based business sends employees to job sites in other states — even temporarily — you may find yourself wondering whether your Ohio workers' compensation coverage travels with them. It's a fair question, and the answer involves a few moving parts. Understanding how Ohio's workers' comp system handles out-of-state work can help you avoid gaps in coverage that could leave your business and your employees exposed.

How Ohio Workers' Comp Works for Traveling Employees

Ohio operates a monopolistic state fund, meaning most employers are required to carry coverage through the Ohio Bureau of Workers' Compensation (BWC) rather than a private insurer. Ohio BWC policies do include some out-of-state protection, but the extent of that coverage depends on the nature and duration of the work being performed outside Ohio.

Generally speaking, Ohio coverage may apply when an employee is:

• Temporarily working in another state as part of their normal Ohio-based job

• Regularly working in Ohio but occasionally traveling for business purposes

• Hired in Ohio and primarily based in Ohio

The key word here is temporary. If an employee is working in another state for an extended or indefinite period, Ohio coverage may not be sufficient — and the other state may require you to carry separate coverage under its own system. Regardless of the amount of time an employee is in state. For instance, if an employee is at a seminar in Pennsylvania for 3 hours and trips and falls, that claim could be filed in Pennsylvania. Some states require coverage regardless of if a claim is filed in the state or not and can cease operations until coverage is obtained.

When You May Need Additional Coverage

Every state has its own workers' compensation laws, and some states require out-of-state employers to carry coverage under their state's system once an employee has been working there beyond a certain threshold. If you regularly send workers to the same state, or if a project is expected to last more than a short period, you should look into that state's specific requirements.

Situations that often warrant a closer look include:

• Long-term construction or service projects in another state

• Employees who relocate to another state but continue working for your Ohio company

• Workers hired directly in another state, even if your headquarters is in Ohio

• Operations in states with their own monopolistic fund systems (North Dakota, Washington and Wyoming)

Failing to carry required coverage in another state can result in fines, penalties, and significant legal exposure if a worker is injured while on the job there.

What to Ask Your Workers' Comp Representative

Before sending employees out of state — especially on longer assignments — it's worth reviewing your current Ohio BWC coverage and asking some pointed questions:

• Does my current Ohio policy include an other states endorsement or equivalent protection?

• How does the destination state define "temporary" work for coverage purposes?

• Do I need to register with the other state's workers' comp authority?

• How would a claim be filed if an employee is injured out of state?

Getting clear answers before an incident occurs is far less complicated — and less costly — than sorting it out after the fact.

Staying Ahead of Coverage Gaps

The safest approach is to treat out-of-state work assignments as a prompt to review your coverage rather than assume you're protected. Keep detailed records of where your employees are working and for how long. When projects or assignments cross state lines, loop in your workers' comp advisor early so you can assess whether additional coverage or registration is needed.

Ohio's BWC system is designed with Ohio workers and Ohio employers in mind — and it does extend some protections beyond state borders. But the details matter, and the rules vary by destination state and assignment length.

If you have employees working outside of Ohio and aren't sure whether your current coverage is adequate, the team at Spooner Inc is happy to help you sort through your options. Reach out to us today to start the conversation.