For some jobs in Ohio, the employer needs to send the employee to locations outside of the state. The realities as to how this affects workers' compensation in the event of an injury are often misunderstood by both employers and employees. However, the Bureau of Workers' Compensation (BWC) in Ohio is planning to implement a policy that employers can use to provide coverage to workers who are stationed out of state. It is important for workers who are injured on the job to understand the details of workers' compensation benefits if they are working for an Ohio company but in another state.
The law provides coverage for workers who are stationed out of state on a temporary basis. There are provisions known as "extraterritorial." This extends the Ohio law for injuries at work even if they occur in another state. For extraterritorial coverage, there is not a time limit, provided that the work is incidental to the employment in Ohio. If there is an injury, the employee must file the claim in Ohio to receive workers' compensation. The extraterritorial coverage does not protect employees who work outside the state on a regular basis.
No matter the amount of time the employee spent working outside of Ohio, if the employee suffers an injury on the job, the worker might file a claim in the state in which he or she was working. The BWC would expect the worker to seek benefits in Ohio, but a claim in a different jurisdiction could leave the employer in Ohio vulnerable to various penalties for a lack of coverage. Other states who are hosting the workers might have a requirement that the employer in Ohio have coverage for the workers in that particular state. Employers are advised to consider insurance for workers outside the state if the employee is working in another state, is in another jurisdiction for an extended time, and if there are laws in the other state requiring it.
Workers who are asked to perform their duties in another state by their Ohio-based employer, and are injured, might not have a grasp on the employer's need to have coverage for them for workers' compensation claims while they were out of state. This could lead to confusion and problems with being granted workers' compensation benefits. If there is a workplace injury in an extraterritorial situation and there is a problem getting workers' compensation benefits, speaking to an attorney can help in dealing with the matter.
Source: Ohio Bureau of Workers' Compensation, "Ohio's Extraterritorial Coverage Frequently Asked Questions," accessed on March 13, 2016
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