Workers’ comp for crews that travel state to state
Data center work moves across state lines. If your workers’ comp isn’t set up for the states your crews work in, a claim can turn into a coverage dispute.
We’re licensed across most of the U.S. and can place multi-state crews.
The 3.A and 3.C problem
A standard workers’ comp policy lists states in two places.
Item 3.A
These are the states where you know you’ll have employees or work. The policy applies those states’ workers’ comp laws as if it were written there.
Item 3.C
These are other states where coverage may apply if work comes up unexpectedly. It’s meant for surprises, not for a job you already signed. If you know a crew is headed to a state for an ongoing job, that state belongs in 3.A. Some policies also require you to report new states within a set time, often 30 days.
Source: NCCI, Residual Market Producer’s Guide.
Monopolistic states
North Dakota, Ohio, Washington, and Wyoming don’t allow private workers’ comp. Coverage there comes from the state fund. If you have a job in one of those states, plan for it before the crew leaves.
Per diem, travel time, and payroll
Traveling crews usually get per diem, and some get paid travel time. Whether those count as payroll for workers’ comp depends on the state and on your records. Pay stubs, travel logs, and a written per diem policy help. We’ll go through your setup before the audit does.
Where data center work is happening
Data center construction is active in many states, including Alabama, Georgia, Tennessee, Mississippi, Texas, Louisiana, Virginia, North Carolina, South Carolina, and Kentucky. Project schedules change, so tell us where your crews are actually headed.
Our licensing
We’re licensed across most of the U.S. and work with crews based in many states. If a job is somewhere we can’t place directly, we’ll tell you up front.
Related: staffing workers’ comp for electricians · electrical contractor workers’ comp
Common questions
What’s the difference between 3.A and 3.C?
3.A lists the states where you know you’ll work. 3.C is for other states where work comes up unexpectedly.
Am I covered if a crew goes to a new state mid-policy?
Possibly under 3.C, depending on the policy’s terms. Tell us before the crew mobilizes so we can add the state properly.
What about jobs in Ohio or Washington?
Those are monopolistic states. Coverage comes from the state fund, not a private policy.
Is per diem part of workers’ comp payroll?
It depends on the state’s rules and your documentation.
Do you need to be licensed in every state my crews work in?
We’re licensed across most of the U.S. Tell us every state your crews will work in so the policy is set up for them.