How to check your policy in five minutes, why four states work differently, and the fastest ways to close the gap.
Coverage must come from Ohio BWC. A private policy cannot cover it.
Workers' compensation follows the state where the employee works. If a remote employee's state is not covered by your policy, they may be uninsured, and you carry the risk if they get hurt. Check your policy's information page first. Then either add the state, open a state-fund account in Ohio, Washington, North Dakota, or Wyoming, or move the employee onto an Employer of Record that already covers that state.
Most policies follow the same standard form, so the same places tell you whether a state is covered.
It is usually the first page of your workers' compensation policy. Your agent or insurer can send it if you do not have it.
If the employee's state is listed here, the policy covers them under that state's law. You are fine.
This section can extend coverage to the states it lists, but it is not a blanket. Under the standard policy, you have to tell your insurer when work starts in a new state, and coverage can be lost if you do not report it within 30 days. Do not rely on it for someone who lives and works there.
If the state appears in neither section, treat it as a gap and fix it now, before anyone gets hurt.
Then your private policy cannot cover the employee at all, wherever the state is listed. Coverage has to come from that state's fund.
Almost always quietly. Payroll gets updated, the insurance policy does not.
A great candidate lives in a state where nobody else works for you, and the policy was never updated.
An existing employee relocated. Payroll may have been updated, but workers' comp often is not.
The insurer's premium audit or a renewal questionnaire asks where people work, and the answer does not match the policy.
In Ohio, Washington, North Dakota, and Wyoming, private insurers cannot write workers' compensation. Coverage comes only from the state fund. Texas is the opposite: coverage is optional.
State fund only, through the Ohio Bureau of Workers' Compensation (BWC).
State fund only, through the Department of Labor & Industries (L&I).
State fund only, through Workforce Safety & Insurance (WSI).
State fund only, through the Department of Workforce Services (DWS).
Coverage is optional, but employers who opt out must file notices and can be sued by injured employees.
Every state's rules are on its page. Start from the Employer of Record overview to find yours.
The details differ by state, but the pattern is the same.
Without coverage, the employer can be responsible for the injured employee's medical bills and lost wages under that state's law.
Many states penalize employers for missing coverage, even when nobody has been hurt. Some can order work to stop until coverage is in place.
Workers' comp normally limits what an injured employee can sue for. Without it, that protection may not apply.
WorkGenius already carries workers' compensation in all 50 states, including the four state-fund states. Move your remote employee onto WorkGenius as their Employer of Record, with the same role, manager, and pay.
A business trip or a few weeks working from somewhere else is different from a remote employee who lives and works in another state. Many states let home-state coverage apply to temporary work elsewhere, within limits that differ by state. Confirm with your insurer before longer stays, and always for the four state-fund states.
Which one fits depends on the state and on how many people you have there.
Ask your agent or insurer to list the state in Item 3.A, and confirm the date coverage starts. This is usually the simplest fix in most states.
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In Ohio, Washington, North Dakota, and Wyoming, register with the state fund directly. Ask your insurer about "stop gap" employers liability coverage for those states too.
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WorkGenius becomes the Employer of Record and covers the employee under its workers' compensation in their state, including the four state-fund states. Same role, manager, and pay.
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Moving an existing employee onto an EOR changes the employer on paper: their employment with your company ends under that state's final-pay rules, and WorkGenius starts a new employment. Day to day, nothing changes for them.
As the Employer of Record, WorkGenius is the employer in the employee's state, including for workers' compensation.
Keep your own policy: WorkGenius covers the employees it employs. Your own policy still needs to cover your direct employees, in every state where they work.
Pricing is one all-in markup on the employee's pay, billed on one weekly invoice. Benefits are billed separately.
Tell us where your employee worksThis guide is general information, not legal or insurance advice. Policies and state rules differ, so confirm details with your insurer.
We'll confirm what that state requires and how WorkGenius can cover your employee there, with the same role, manager, and pay.
No commitment required. Free consultation included.