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Out-of-state workers

Overview

If you have workers in other states—or bring workers to Oregon from other states—you'll need to determine if your Oregon workers' comp policy covers these workers or if you must obtain workers' comp insurance in the other states, and how to report payroll and claims for these workers.

SAIF can only advise on what payroll to report to us; if you have workers in other states, you need to contact the appropriate regulatory agencies for coverage or other legal requirements.

SAIF does have a non-Oregon coverage option available for our customers. It is described below in more detail.


Workers in another state not covered by your policy:

  • Workers you hire to work continuously outside Oregon are not covered by your Oregon policy. 
  • Workers you hire in Oregon specifically for a one-time, out-of-state job are not covered by your Oregon policy.


Oregon workers temporarily leaving Oregon to work

Your Oregon workers' comp policy covers Oregon employees whose jobs may require them to work temporarily in another state. You should report the worker's payroll and claims to SAIF.

If you have coverage in the other state and that state requires you to report the workers to that state, you do not need to report payroll or claims to SAIF. Be sure to keep evidence in your records that coverage is necessary in that state. If SAIF is later required to accept a claim, we will retroactively charge premium for the injured worker and other similar workers.

For maximum protection, employers should consider obtaining a policy in each state where work is performed.


Workers from another state temporarily working in Oregon

If a worker you employ in another state comes to Oregon temporarily to perform work incidental to the employment in the other state, do not report payroll or claims for those workers to SAIF.


Reporting tips

Reporting is determined for each worker individually. Common payroll reporting mistakes include reporting based solely on the state where the job takes place or the state of residence of the worker.


Compliance in other states

Even if you have SAIF coverage in Oregon, other states may require you to secure coverage in their state. If you do not, you may be considered a noncomplying employer in that state. If the state where you secure a contract does not recognize Oregon coverage, you could be responsible for claim costs, premiums, and penalties.

Since each state law varies, we strongly recommend that before starting work, you contact the regulatory agency in the other state to determine their requirements. Visit Oregon's Workers' Compensation Division website for a full listing of regulatory agencies in other states.


Coverage in other states

SAIF has formed a partnership to provide an insurance solution (called Other States Coverage) for your coverage needs in all states except those that do not permit private workers’ comp insurance (North Dakota, Ohio, Washington, and Wyoming).

If you need other states’ coverage, please contact your agent. Additional information can also be found on the Other States Coverage page.


Changes of a worker's status

A worker employed in another state can become an Oregon worker, and a worker employed in Oregon can become a worker of another state. Payroll and claims before the worker's status changes should be reported to the original state. Payroll and claims thereafter should be reported to the new state. A worker's status can change in two ways:

Break in employment | A break of employment occurs when the current employment ends and the worker is later rehired.

If a worker was employed to work in another state, and the employment ends and the worker is rehired for work in Oregon, the worker's payroll and claims from the rehire date forward should be reported to SAIF.

If there is just a lull while the worker and employer wait for a new job to start, there may be no real break in employment and no change in the worker's status.

Transfer of employment | A transfer of employment is when a worker employed in one state is permanently assigned to work in another state. If a worker from another state has been permanently transferred to Oregon employment, the worker's payroll and claims should be reported to SAIF for the work in Oregon and subsequent temporary work in the original state.


Special circumstances

Determining the correct state for jurisdiction is not always easy or clear. If you have workers in the following situations who may work in other states, contact your agent or SAIF for advice on payroll reporting and filing of claims.


How to protect yourself

  • Contact each state to find out about coverage requirements in that state before you send workers to that state 
  • Ask your current insurer(s) if they expect payroll and claims for the worker in the states where the worker may work 
  • Ask your insurer in the state where the worker is employed to file a certificate of extraterritorial coverage in each state where you work 
  • Make sure claims for your Oregon workers working temporarily outside Oregon are filed with SAIF unless coverage is required in the other state 
  • Obtain an "if-any" policy in other states where you may have workers

Remember: The ultimate responsibility for compliance with insurance coverage requirements rests with you. For assistance contact your agent or SAIF representative.

From saif.com

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