Out-of-State Employers

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Extraterritorial coverage

Washington State Law

RCW 51.12.120 (www.leg.wa.gov) explains that coverage requirements for workers' compensation when out-of-state employers bring workers into the state of Washington will depend on:

• If the employer's home state has a reciprocal agreement with Washington State.
• How long their worker(s) will be in Washington.
• The type of the work they do in Washington and if they need a contractor's license.
• If any of their workers are Washington workers.

Reciprocal Agreements

WAC 296-17-31009 (www.leg.wa.gov) find copies of the current reciprocal agreements Washington has reached with other states. Washington currently has reciprocal agreements with 8 other states. These agreements are contracts that govern workers compensation requirements between the states:

• The agreements allow employers from the reciprocal states to bring workers temporarily into Washington without purchasing workers' compensation insurance from L&I.
• The reciprocal agreements vary and may have exclusions. You should review the agreement or contact L&I if you aren't familiar with its provisions before you bring your workers to Washington.
• You should request a certificate of workers' compensation coverage from your state be mailed to L&I, before you start working in Washington.

List of states that have reciprocal agreements with Washington

• Idaho.
• Montana.
• Nevada.
• North Dakota.
• Oregon.
• South Dakota.
• Utah.
• Wyoming.

Additional information

For more information about workers' compensation requirements for out-of-state workers:

• Out-of-State Employers Questions and Answers.
• Washington State Business Application (www.dol.wa.gov).
• See Reciprocal States for a list of contacts for reciprocal states and all other states (including Canada).