ALP: Does an Ohio Company have to obtain workers’ compensation coverage in multiple states if it also does business in Kentucky and Indiana?

October 2005

Depending on the facts an injured worker may file a claim(s) in multiple states.   The adjudicatory body determining whether to allow a claim will consider the number of “jurisdictional contacts” the injured worker has with the state before it will take jurisdiction.[1]   The factors considered to determine jurisdiction are: the Employer’s state of incorporation, where the contract of employment was entered into, whether the contract provides for a choice of law or venue, where the injury occurred, what percentage of an employee’s work is performed in the state, and the employee’s state of residence. 

If an injured worker files a claim which is allowed by the state, and the Employer doesn’t have coverage in that state the Employer is non-complying and will be responsible for the claim dollar for dollar, and will be subject to penalties.  If you have Ohio coverage and want your out of state employees to be covered in Ohio, have them sign a C-110 form acknowledging that they elect Ohio as the state of exclusive remedy for workers’ compensation.  You must file the C-110 with the Ohio BWC within 10 days of signature.

If you have coverage in another state and want your employees working or traveling in Ohio to be covered in another state, have them complete and sign a C-112 form electing another state as the state of exclusive remedy.   You don’t have to file these forms with the state unless an injured employee files a claim in Ohio. 

Another option would be to open a general policy with the Ohio BWC for a nominal administration fee.   If a claim is allowed the Company will pay back premiums but it will not charge the Company dollar for dollar the cost of the claim or penalties. 

[1] Ohio Bureau of Workers’ Compensation; Kentucky Department of Workers’ Claims, and Workers’ Compensation Board of Indiana.