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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.

A policyholder with these types of workers needs a policy in the states where they work to avoid potential non-compliance with some states regulatory requirements and to ensure sufficient coverage of those workers. Obtaining a policy through SAIF's Other States Coverage program (through a partnership with Zurich) protects employers and allows SAIF to assist in efficient claims processing and appropriate payroll reporting. However, a policy may also be secured with another carrier for those states. If there are concerns about ensuring  workers are sufficiently covered, please contact SAIF or your agent to discuss whether the coverage is appropriate.

Workers in another state not covered by your policy:

  • Workers you hire to work permanently outside Oregon are not covered by your Oregon policy. 
  • Workers you hire in Oregon specifically for a one-time, out-of-state job may not covered by your Oregon policy.
  • Workers you hire outside of Oregon for a temporary job in Oregon may not be 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 payroll for a worker or group of workers with a strong Oregon connection is required by an insurance carrier for another state to be reported to that state, please contact SAIF to discuss whether any of that worker or group of workers payroll should be reported to SAIF and if applicable, how SAIF's Other States Coverage program through Zurich allows SAIF to assist in efficient claims processing and appropriate payroll reporting.

Usually, SAIF will not charge premiums on payroll reported to the other state insurance carrier. It is important to note that if  SAIF must accept a claim, we may retroactively charge premiums for that worker and, depending on the circumstances, potentially other similarly situated workers. This may occur even if payroll was reported to another state insurance carrier. SAIF cannot deny the claim of an Oregon subject worker solely because he or she has an accepted claim for the same injury in another state. The law does, however, allow SAIF to coordinate benefits with the other state.

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. When workers compensation claims occur, generally it is most efficient to initially report claims where payroll has been reported. 

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 a partnership with Zurich 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 subject worker, and an Oregon subject worker Oregon can also be simultaneously subject to another state. Determining the most appropriate state for reporting payroll is not always easy or clear. If you have workers who work in more than one state during the year you should contact your agent or SAIF for advice on payroll reporting and filing of claims.

Also, subjectivity can change depending on the circumstances. Two of the most common ways the states a worker is subject to can change such that payroll and claims should be reported to the a different state are:

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 permanent 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.

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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