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Laws and Rules When Working Out of State

Extraterritorial coverage

Laws

RCW 51.12.120 (www.leg.wa.gov) defines a temporary and incidental time period for working in another state. This time period is calculated separately for each state and includes partial work days.

If a Washington worker works in another state in a calendar year for:

  • 30 days or less then the work is temporary and incidental.
  • More than 30 days then the work isn't temporary or incidental.

Reporting rules

WAC 296‑17‑35203(8) (www.leg.wa.gov) explains the special reporting requirements to avoid paying premiums twice on out-of-state work.

Washington employers:

  • Are required to pay premiums to L&I for all temporary and incidental out-of-state work.
  • Working in another state for more than the temporary and incidental time period have the option of supplemental no-premium reporting to L&I if they are paying premiums for their Washington workers to an out-of-state insurer.

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