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Notice of Election to Obtain Coverage from Other States for Employees Working Outside of Ohio

05 Dec, 2024 Frank Ferreri

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Form Focus

Ohio law allows employers to obtain coverage in other, states in addition to their Ohio coverage, which is spelled out Ohio Revised Code 4123.292.

When this happens, employers must submit a form, which Simply Research subscribers have access to.

Here are the rules regarding the notice required in Ohio:

The Basics

Ohio coverage applies to work performed temporarily in another state if the claim is filed with BWC.

However, the employer may elect to obtain workers’ compensation coverage from an authorized insurer in the state which it performs work. Depending upon the law of the other state, it may require the employer to obtain coverage in that state. This other states coverage applies to only work done outside
of Ohio.

This selection allows the employer to allocate payroll reported to the other state’s insurer for work done outside Ohio from their Ohio payroll reported to BWC.

Meeting the Notification Requirements

Employers electing coverage from another state must: 1) notify BWC in writing; and 2) give BWC the name of the state agency or insurance company providing the coverage and include a copy of the insurance policy as proof of coverage.

Payroll Reporting and Premium Payment Requirements

Employers electing coverage from another state:

+ Must report payroll and pay premium to BWC for all work their employees do in Ohio.

+ Should NOT include work done outside of Ohio when reporting payroll or calculating premium payments to BWC.

+ Must both report and pay premium for any work done outside of Ohio to the other state or insurance company providing the coverage.

+ Must maintain documentation on out-of-state payroll and premiums and provide this to BWC on request.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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