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Good Afternoon
3:28:11 PM CDT
Saturday, May 17, 2008

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Insurance Coverage

The role of WSI Starting a new business in ND Who needs coverage
Definition of employer Obtaining coverage When your ND workers work outside ND
Coverage for volunteers Coverage for staffing services Optional coverage
Custom operations If you have applied for a contractor's license Independent contractor
Subcontractor arrangements Changing or canceling coverage Premium and payroll
Earn a premium discount Experience rating Deductible program
Retrospective rating plan Premium audits Requesting a quote
Proof of Insurance Coverage Limits & Rights of Subrogation  

If you have a question or concern regarding insurance coverage, or if you are an existing policyholder, feel free to contact our Employer Services Department via email at wsiemployerservices@nd.gov


Custom Operations

Generally, agricultural work is exempt from mandatory workers’ compensation coverage unless any of the following occur:

  • A custom operator who is “based outside this state” and comes into North Dakota to perform custom work must secure coverage with WSI.  This is regardless of the number of days of operation in this state.
  • A North Dakota employer doing custom work outside this state (which would presume that the operations are based in North Dakota) and brings along North Dakota residents would be covered for exposure outside the state pursuant to our extraterritorial statute, or 30 consecutive days. Any exposure longer than 30 days would likely require that the employer secure coverage in the state in which he is doing business.
  • A North-Dakota-based custom farming operator who provides customer services inside the state of North Dakota retains the exemption so long as his work does not exceed “30 actual working days of operation.” The statute does not discuss “calendar” or “consecutive” days, but “actual” days. That means that any excess of 30 days of custom operations, regardless of breaks between working days or length of time spent with a particular customer, requires that the employer secure coverage.
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