Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17 - General reporting rules, audit and recordkeeping, rates and rating system for Washington workers' compensation insurance › Section 296-17-35203 - Special reporting instruction

Current through Register Vol. 24-14, July 15, 2024
(1)
Professional and semiprofessional athletic teams.
Athletes
			 assigned and under contract to a Washington-domiciled sports team are
			 mandatorily covered by Washington industrial insurance. Athletes assigned to a
			 Washington-domiciled sports team but under contract with a parent team
			 domiciled outside of the state are mandatorily covered by Washington industrial
			 insurance unless the player is eligible for coverage in another state, and
			 there is a valid coverage agreement as described below.
A player is eligible for coverage in another state only when
				both the player and the employer agree in writing that the employment is
				principally localized in that state.
Example:
If the Washington-based team is a part of
				a league with teams in only Washington, Oregon, and Idaho, the player and the
				employer can agree to any of those three states to provide coverage. However,
				they cannot agree to be under California coverage since California doesn't
				qualify as a state in which the player competes in regularly scheduled
				games.
(a) Upon request, the
			 department will provide forms to the owners of professional and
			 semiprofessional sports teams for entering into agreements for both the sport
			 player and the sport team. These agreements are referred to as "coverage
			 agreements." Unless coverage is refused in the alternative state, the coverage
			 agreement will determine the worker's home state for workers' compensation
			 coverage.
(b) When a sport team and
			 a player agree to workers' compensation coverage in another state, the
			 following rules apply:
Sport player coverage agreement:
(i) A sport player coverage agreement must be
			 signed by the team (employer) and each individual player (worker) covered
			 out-of-state. Workers' compensation premiums for any work performed by the
			 player before the agreement was signed must be paid to the department. To be
			 valid, an agreement must be:
* Signed by both parties, dated, and show the name of the state
				where coverage is provided.
* Agree that the player's employment is principally located in
				that state.
* Kept as part of the employer's records for at least three
				years after the player is released from the team.
(ii) The employer must provide the department
			 a copy of a sport player coverage agreement when requested. Employers who do
			 not provide the department copies of a sport player coverage agreement when
			 requested are considered not to have secured payment of compensation as
			 required and all premiums and penalties allowed for in Title 51 RCW will
			 apply.
(iii) If the employers'
			 out-of-state workers' compensation insurer rejects an injury claim because the
			 player is a Washington worker, the employer is considered not to have secured
			 payment of compensation as required and all premium and penalties allowed for
			 in Title 51 RCW apply.
Sport team coverage agreement:
(c) A sport team coverage agreement must be
			 signed by the employer (team) and the qualifying out-of-state workers'
			 compensation insurer. Workers' compensation premiums for work performed before
			 the agreement was signed must be paid to the department. To be valid, an
			 agreement must:
* Be signed by both parties, dated, and show the name of the
				state where coverage is provided.
* Specify that the team's players are principally localized in
				that state.
* Specify the insurer agreeing to provide coverage for a team
				based in Washington.
(d) The
			 sport team coverage agreement must be signed annually. Copies of the agreement
			 along with a current copy of the team's out-of-state insurance policy must be
			 submitted to the department of labor and industries every year the out-of-state
			 coverage is provided.
Premium payments are required for any work performed by
				Washington players prior to the date the department receives copies of any
				year's current sports teams' coverage agreement and proof of out-of-state
				coverage.