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Good Afternoon 3:46:27 PM CDT Saturday, May 18, 2013
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Insurance Coverage
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 the
employer to 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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