Many Ohio employers have workers’ compensation coverage with other state funds or private insurers for work performed outside of Ohio. Prior to Senate Bill (SB) 334, Ohio employers had to report all payroll to BWC and pay Ohio premiums based on that total payroll. This applied regardless if they had workers’ compensation coverage in other states. Thus, employers could pay double premiums.

SB 334 modified that requirement. Employers with out-of-state workers’ compensation policies can separate their payroll (Ohio versus non-Ohio). This means they pay Ohio premiums based on the payroll for labor or services performed only in Ohio.
SB 334 also requires BWC to recognize another state’s workers’ compensation coverage for employees temporarily working in Ohio. This requirement applies only to the extent that the state recognizes Ohio’s coverage for Ohio employees temporarily working in that state. However, Ohio will not recognize the coverage beyond 90 days.

However, if the other state requires Ohio employers working in their state to have workers’ compensation coverage through that state, regardless of the duration, then Ohio will require out-of-state employers to have Ohio workers’ compensation coverage.
To comply with the new law, BWC revised the language in the First Report of an Injury, Occupational Disease or Death (FROI). The form now states the injured employee waives his or her right to benefits or compensation from another state if BWC allows his or her claim. It also states BWC can recoup benefits or compensation paid to injured employees if they also receive benefits or compensation from another state for the same injury or illness.