EXCAVATION INSURANCE GROUP
Is Workers’ Comp Required for Out-of-State Crews?
Excavation Insurance Group explains how workers' comp requirements follow your crew across state lines, and why the four monopolistic-fund states are the exception.
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Quick answer: Excavation Insurance Group on this: Generally yes, if your crew is physically working in a state that requires workers’ comp, that state’s requirement applies to the work performed there, regardless of where your business is headquartered. Most standard policies include coverage for occasional out-of-state work, but that protection has limits, and it doesn’t extend at all into the four monopolistic-fund states.
HOW MOST STATES HANDLE OUT-OF-STATE CREWS
Workers’ comp requirements generally follow the location where the work is performed, not where your company is legally based. Many standard policies include what’s called “other states” coverage, extending protection automatically to occasional or incidental work performed outside your primary state. But that provision is typically meant for occasional jobs, not a standing operation, if you’re regularly and substantially working crews in another state, you may need that state formally added to your policy rather than relying on the other-states provision to cover it indefinitely.
THE EXCEPTION: MONOPOLISTIC-FUND STATES
The other-states provision on a standard policy does not work in North Dakota, Ohio, Washington, or Wyoming. Because those states require workers’ comp to be purchased through their own state fund rather than a private carrier, your existing policy can’t simply extend coverage there. If a job takes your crew into one of these four states, you generally need to register directly with that state’s fund and report payroll for the employees working in-state, as a separate step from your main policy.
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Related: Monopolistic State Funds: What ND, OH, WA, and WY Require · Workers’ Comp Requirements Vary by State
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