If You Have Applied for a Contractor's License

If you neither employ nor anticipate employing anyone within the state of North Dakota in the near future, and do not meet the tests of significant contact with North Dakota, you are not required to apply for workers’ compensation insurance. However, in order to obtain a letter of good standing to provide to the Secretary of State, you must complete a Verification of Non-Employment form. When the completed form is received and reviewed by North Dakota Workforce Safety & Insurance (WSI), we will notify the Secretary of State regarding your letter of good standing.

Your signature on the affidavit acknowledges:

  • You do not have, nor do you intend to have, employees during the upcoming year
  • You will secure proper coverage in the event you hire
  • You have read and understand the WSI Fraud Warning
  • If you are an out of state employer, you have not hired workers in this state to work in this state and you do not have significant contacts with North Dakota

If you hire workers in this state to work in this state, WSI coverage is mandatory. If you bring out-of-state employees into North Dakota and this exposure results in significant contacts with North Dakota, WSI coverage is mandatory.

Significant contacts are defined as:

  • Any employee earns or is expected to earn 25% or more of their gross annual wage from services rendered within North Dakota
  • My company pays or is expected to pay 25% or more of our gross annual payroll to employees for services rendered in North Dakota
  • An employer hires employees in North Dakota for work in North Dakota

If you are, a North Dakota based business and plan to have employees or if you are an out-of-state employer and plan to have employees working in North Dakota, please refer to our Who Needs Coverage section.