General Contractor Liability

Workers’ Compensation Insurance is the protection business owners rely on to provide workers with wage loss and medical benefits for injuries sustained in the course of employment. North Dakota law, with limited exceptions, requires all employers operating in the state to secure workers’ compensation insurance for all employees.

As the general contractor, you bear the legal responsibility of ensuring that your subcontractors and independent contractors are adequately insured under Title 65. General Contractors may be held liable for the unpaid premiums and penalties of a subcontractor or independent contractor who does not secure the required coverage.

Pursuant to N.D.C.C. 65-04-26.2, “An individual employed by a subcontractor or by an independent contractor operating under an agreement with a general contractor is deemed to be an employee of the general contractor if the subcontractor or independent contractor does not secure coverage as required under this title. A general contractor is liable for payment of premium and any applicable penalty for an employee of a subcontractor or independent contractor that does not secure required coverage. The general contractor is liable for payment of this premium and penalty until the subcontractor or independent contractor pays this premium and penalty. The liability imposed on a general contractor under this section for the payment of premium and penalties under this title which are not paid by a subcontractor or independent contractor is limited to work performed under that general contractor.”

WSI may request a list of your subcontractors and independent contractors at any time.

To verify if a business has coverage with WSI, use the online Employer Search tool or contact WSI directly at 1-800-777-5033.

The status of an employer account is subject to change at any time.