Massachusetts business owners know that they need to have a Massachusetts Workers Compensation policy in place to protect workers injured in the course of doing work. How does the workers compensation policy respond if that employee is in a different state?
The workers compensation policy covers claims made only in the states that are named in the policy in an area known as 3.A of the "Declarations". If your employee is injured while working in another state, and that state happens to have benefits that are more generous than any of the states named in your policy declarations, that employee could feasibly file a claim in the state where the injury occurred and it would not be covered.
What is the solution? The "Other States" 3. C. section of the policy shows states that would provide coverage for incidental work that starts after the policy inception date. This is not permanent coverage; the policy contract requires notification to the company within 30 days of the start of operations for coverage to continue in another state.
There are also some states that the company will not or cannot provide coverage for. Our neighbor New Hampshire now requires NH coverage starting day one of operations in their state. In addition, the "Other States" portion can't be used to cover any claims in states where coverage must be obtained from the state workers compensation fund (currently North Dakota, Ohio, Washington & Wyoming), or any state the insured is not licensed to do business in.
To summarize: if you set up an operations in another state (even an employee working from home part or full time), you must notify your insurer within 30 days of the work start date. This state should be added to the "Declarations" page of the policy.
The bottom line: If you have any questions about your employees working or traveling out of state on business - Contact your Insurance Agent before starting work in another state.
Have out-of-state workers? Questions about your Massachusetts Worker's Compensation policy? Feel free to contact our commercial insurance team at Elliot Whittier Insurance Services, LLC at 617-846-5000 today, ask for Chris Millerick.
Elliot Whittier Insurance Services, LLC is a local Trusted Choice® agency that represents multiple insurance companies, so it offers you a variety of personal and business coverage choices and can customize an insurance plan to meet your specialized needs. You can visit Elliot Whittier online at www.ElliotWhittier.com, email firstname.lastname@example.org, or call 800-696-3947