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9:36:53 PM CDT
Wednesday, March 10, 2010

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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 Out of State Employers

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


Coverage Requirements for Out-of-State Employers:

Any employer whose employment results in significant contacts with North Dakota shall acquire coverage with WSI. However, if your workers' compensation carrier from your home state extends coverage into North Dakota, you must provide proof of coverage. The exception to this requirement is if your home state has a reciprocal agreement with WSI.

If your home state will not provide coverage into North Dakota, and you have significant contacts with North Dakota, you must secure coverage with WSI. An employer has significant contacts with North Dakota when:

  1. Any employee earns, or would have been expected to earn, 25 percent or more of their gross annual wage or income from that employer for services rendered within North Dakota; or
  2. Twenty-five percent of the employer's gross annual payroll is payable to employees for services rendered in North Dakota.

The significant contact test does not apply if there is a reciprocal agreement in place between the state the employees are based out of and North Dakota. North Dakota has reciprocal agreements, with certain restrictions, with the following seven states: Idaho, Montana, Oregon, South Dakota, Utah, Washington, and Wyoming. Please contact the appropriate state for a determination as to whether a reciprocal agreement will satisfy coverage requirements.

If you do not have significant contacts with North Dakota, as defined above, and you can provide proof that your workers’ compensation carrier from your home state extends coverage into North Dakota, you are not required to obtain a WSI policy.

If you open a workers’ compensation policy with WSI, all payroll generated in North Dakota must be reported. Please see Obtaining Coverage.

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