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Other States Coverage In All Workers Comp Policies – Probably Not


Term Of The Day – Other States Coverage

Workers Compensation insurance can be very tricky when it comes to other or all states coverage.  Many employers such as trucking/transportation companies are in dire need of having other states coverage for their drivers. Workers Comp used to be written on an all states coverage basis if requested. Insurance carriers now require listing any/all jurisdictions in Section 3 of the policy.

2021 – Update

Trucking and transportation companies need to have insurance for any state their drivers pass through on their routes.  Why?  Because we have seen over the last few years where the accident location state allows the injured employee to claim benefits for that state.

Having coverage for just the jurisdictions where terminals are located may cause your carrier to deny coverage as there was no listing in the Dec page for that jurisdiction.  The Walsh rule may not apply in all states.

Graphic Of Truck States Coverage In Circle

It is recommended reading once you receive your Workers Compensation policy. An employee will be covered under the Workers Comp policy for only those states specifically spelled out in the policy (Section 3C). If the state is not listed, then there is no coverage.

Certain monopolistic fund states cannot be covered under other states coverage. A separate policy has to be written for each of these states. For instance, Ohio would require your company to purchase a policy from the monopolistic state fund carrier.
I have been involved with claims where the employer had to pay out-of-pocket as the risk manager did not have coverage for the monopolistic state listed in the policy. A further complicating factor is states allowing the injured employee to choose the applicable jurisdiction for filing his/her claims.
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James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications


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