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 296-17-31009 - Reciprocal agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
Occasionally one of my Washington employees will do some work for me in
			 another state. Do I need to buy workers' compensation insurance in the state
			 where they are working?
In some cases, we can provide workers' compensation insurance
				coverage for your Washington based employees working for you on a temporary
				assignment in another state. We have formal written agreements with some states
				which detail coverage and jurisdiction issues. We refer to these formal
				agreements as "
reciprocal agreements.
" If you have questions
				regarding temporary coverage in another state you should contact your account
				manager for assistance. The name and telephone number of your account manager
				can be found on your quarterly premium report or annual rate notice. For your
				convenience you can call us at 360-902-4817 for assistance and we will put you
				in contact with your assigned account manager.
(2)
What is a reciprocal
			 agreement?
A reciprocal agreement is a contract between the department of
				labor and industries acting on behalf of the state of Washington and another
				state. The primary purpose of the agreement is to identify which state will be
				responsible for paying benefits if one of your employees is injured. This also
				limits your insurance costs. If you employ only Washington workers you need to
				buy workers' compensation insurance only from us.
(3)
You mentioned that there are
			 circumstances when you can provide insurance coverage. What are the
			 circumstances?
The actual circumstances will vary by state. In most cases we
				will look at:
The work to be performed,
The location where the work is to be
							 performed,
Where the employee was first hired to work,
How long the employee will be working in the other
							 state.
(4)
Which states have reciprocal agreements with Washington?
We
			 currently have reciprocal agreements with the following states:
IDAHO
RECIPROCITY AGREEMENT BETWEEN IDAHO INDUSTRIAL ACCIDENT BOARD
				AND WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES IN REGARD TO EXTRATERRITORIAL
				JURISDICTION
This agreement is made between the industrial accident board of
				the state of Idaho (herein, for convenience, abbreviated Idaho IAB) and the
				department of labor and industries of the state of Washington (DOLAI), as
				administrators of the worker's compensation (WC) laws of their respective
				states, each of said parties being authorized to enter into reciprocity
				agreements with other states in matters involving their respective
				extraterritorial jurisdictional powers and duties.
PREMISES:
1.Employers
			 in each state on occasion find it necessary or expedient to have their workers
			 perform services in the other state. The parties are desirous of entering into
			 an agreement whereby the employers and workers of each of the respective states
			 may continue to be entitled to the protection and benefits provided by the WC
			 laws of their respective home states.
DEFINITIONS:
2.For the
			 purposes of this agreement: Person whose employment is "principally localized"
			 in Idaho shall be deemed to be an Idaho worker. A person's employment is
			 "principally localized" in Idaho when:
(1)
			 His/her employer has a place of business in Idaho and he/she regularly works
			 (or it is contemplated that he/she shall regularly work) at or from such place
			 of business; or
(2) If clause (1)
			 foregoing is not applicable, he/she is domiciled and spends a substantial part
			 of his/her working time in the service of his/her employer in Idaho.
A person whose employment is "principally localized" in
				Washington shall be deemed to be a Washington worker. A person's employment is
				"principally localized" in Washington when:
(1) His/her employer has a place of business
			 in Washington and he/she regularly works (or it is contemplated that he/she
			 shall regularly work) at or from such place of business; or
(2) If clause (1) foregoing is not
			 applicable, he/she is domiciled and spends a substantial part of his/her
			 working time in the service of his/her employer in Washington.
An employee whose duties require him/her to travel regularly in
				the service of his/her employer in more than one state may, by written
				agreement with his/her employer, designate the state in which his/her
				employment shall be "principally localized." Unless the state so designated
				refuses jurisdiction, such agreement shall be given effect under the instant
				agreement.
In cases where none of the foregoing tests can be made to
				apply, the person shall be deemed to be a worker of whichever jurisdiction in
				which his/her contract of hire was made.