If you have an employee working in Ohio, you generally need coverage for them from the state fund, the Ohio Bureau of Workers' Compensation (BWC), no matter where your business is based. Ohio does recognize an out-of-state employer's home-state coverage for a non-Ohio-resident employee doing temporary work in Ohio, but only for up to 90 consecutive days; BWC coverage is required starting on day 91.
Who this is for: Ohio employers with remote or out-of-state staff, and out-of-state employers with workers who spend time in Ohio.
The short version
- An employee working in Ohio generally needs BWC coverage, and a private out-of-state policy does not satisfy the Ohio mandate.
- The 90-day rule: an out-of-state employer's home-state coverage is recognized for a non-resident employee's temporary Ohio work up to 90 consecutive days; day 91 requires BWC.
- For your Ohio-based employees working outside Ohio, you buy a separate private policy for that outside work (called other-states workers' comp), because BWC covers only Ohio.
- Employer and employee can agree in writing which state's law applies, filed with BWC within 10 days.
- BWC does not include employer's liability, so you still add a private stop-gap policy.
Where the worker is decides who covers them
Ohio coverage follows the work performed in Ohio. If a worker regularly performs their job in Ohio, you generally owe BWC coverage for them even if your company sits in another state. The mirror image is your own out-of-state work: BWC covers Ohio, so an Ohio employer with staff regularly working in another state needs other-states workers' comp from a private carrier to cover that work.
| The situation | Who covers the worker | How |
|---|---|---|
| Worker regularly works in Ohio | BWC | Open Ohio coverage for that worker |
| Out-of-state, non-resident worker on temporary Ohio work | Home-state policy for up to 90 days | BWC required starting day 91 |
| Ohio employer's staff regularly working in another state | A private carrier | Other-states workers' comp for that work |
| Any injured worker sues the employer directly | A private carrier | Stop-gap employer's liability, which BWC does not include |
The 90-day rule and written elections
The 90-day recognition applies to all industries, including construction. If a covered non-resident employee is hurt during those first 90 days, BWC denies the Ohio claim and the home-state policy responds; from day 91 on, Ohio coverage is required. Where work spans states, an employer and employee can agree in writing which state's law binds them and file that agreement with BWC within a short window, which is how many cross-border relationships are settled in advance.
A Columbus example
Illustrative, not a quote. A Columbus software firm employs a developer who works remotely from Kentucky and a support lead based in the Columbus office. The Columbus lead is covered through BWC. Because the Kentucky developer regularly works outside Ohio, the firm adds other-states workers' comp from a private carrier for that work. The firm also carries a private stop-gap employer's liability policy. When it later sends a technician to a client site in Ohio for four months, the technician passes the 90-day mark, so the firm makes sure BWC coverage is in place from day 91.
Real questions Ohio owners ask
Do I need Ohio coverage for an employee working in Ohio?
Generally yes. An employee who regularly performs their work in Ohio needs BWC coverage, no matter where your company is based. A private out-of-state policy does not satisfy the Ohio mandate for that worker.
What is the 90-day rule for out-of-state employers?
Ohio recognizes an out-of-state employer's home-state coverage for a non-resident employee doing temporary work in Ohio for up to 90 consecutive days. Starting on day 91, BWC coverage is required for that worker.
My worker is only in Ohio for a few weeks. Do I need BWC?
Usually not right away, if they are a non-resident on temporary work and stay under 90 consecutive days. Their home-state policy responds during that window, but you need BWC once they pass day 91.
How do I cover Ohio staff who work in another state?
You add other-states workers' comp from a private carrier. BWC covers work in Ohio, so an Ohio employer with staff regularly working out of state needs a private policy to cover that outside work.
Can we choose which state's law applies to a cross-border worker?
In many cases yes. An employer and employee can agree in writing which state's workers comp law binds them and file that agreement with BWC within a short window, which settles the question in advance for work that spans states.
Does a remote worker in Ohio change my out-of-state policy?
Your out-of-state policy does not cover the Ohio mandate. If your remote worker regularly works from Ohio, you generally need BWC coverage for them in addition to whatever policy covers your home-state operations.
Do I still need stop-gap coverage for remote staff?
Yes. BWC does not include employer's liability, which responds if an injured worker sues you directly. A private stop-gap policy fills that gap regardless of whether your staff are in the office or remote.
Why Ohio owners choose Morrow
- We shop the right market for you. In Ohio, workers' comp is sold only by the state-run Ohio Bureau of Workers' Compensation (BWC), so we handle your BWC enrollment and payroll classifications and place the private stop-gap employer's liability and other-states coverage the state fund does not include.
- We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
- Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
- We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
- Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.
Related Ohio guides
Every Ohio business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.
- Business insurance in Ohio (start here)
- Workers comp: the owner's overview
- I own an LLC: do I need workers comp?
- I'm a sole proprietor: do I need workers comp?
- I own a corporation (C-corp or S-corp): do I need it?
- We're a partnership: do we need workers comp?
- We're a nonprofit: do we need workers comp?
- My workers are 1099: do I still need it?
- Only part-time or seasonal staff: do I need it?
- I only employ family: do I need workers comp?
- What happens if I don't carry workers comp?
- How much does workers comp cost?
- How do I get workers comp (even if turned down)?
- What insurance do I need for a contractor license?
- Workers compensation insurance, explained
- What workers comp costs (national guide)
- What workers comp does not cover
- Workers compensation insurance, explained
- Ohio IT services workers comp
This guide is general information, not legal advice. Ohio rules and penalty amounts can change, so verify current requirements with the Ohio Bureau of Workers' Compensation (BWC) or a licensed advisor before you rely on them. Last updated: July 2026.