Each person who performs services for another for remuneration (meaning money or substitute for money) is presumed to be an employee of the person for whom the services are performed; unless it is proven that the person is an independent contractor under the "common law" test. The person who asserts that they are an independent contractor under this test rather than an employee has the burden of proving that fact (North Dakota Century Code § 65-01-03).
A determination under this section that a person is not required to be insured is effective for no more than one year from the date the person is notified of the determination. The organization retains continuing jurisdiction over determinations and may reconsider or revoke its decision at any time (North Dakota Century Code § 65-09-01). If you are an employer or independent contractor and wish to verify independent contractor status, please contact North Dakota Workforce Safety & Insurance (WSI) and an independent contractor verification questionnaire will be provided. For more information, see Independent Contractor vs Employee Brochure.