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
Experience rating	Deductible program	Out of State Employers
Retrospective rating plan	Premium audits	Requesting a quote
Proof of Insurance	Coverage Limits & Rights of Subrogation

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

Who Needs Coverage

Employers Who are Required to Obtain Coverage:

An employer is defined as a person who receives the services of another for remuneration. It includes individuals, the state, corporations and their officers, partnerships and their partners, limited liability companies and their managers, associations, legal representatives of a deceased person, and receivers and trustees. Please contact our Employer Services Department for assistance in determining if your business entity is an employer for purposes of North Dakota law.

Under the North Dakota Century Code, workers’ compensation provides workers with wage-loss and medical benefits for injuries sustained in the course of employment. General liability, health, and accident insurance are not substitutes for workers’ compensation insurance. To be insured, you must submit an application to WSI. Please see Obtaining Coverage.

North Dakota Law, with limited exceptions, requires all employers to secure workers’ compensation insurance to cover their full-time, part-time, seasonal, or occasional employees prior to hiring.

Workers’ compensation coverage is mandatory for most employment. There are certain exceptions:

Licensed real estate brokers subject to certain criteria.
Farm and ranch labor, certain custom operations, household domestic workers, and employees engaged in the operation and maintenance of a place of worship.
Independent contractors – to be considered an independent contractor, you may need to complete an Independent Contractor Verification Application provided by the North Dakota Department of Labor. Upon the approval of the Department of Labor or WSI, you would then be exempt under the workers’ compensation statutes.
Federal and railroad employees.
Children of the employer(s) who are under the age of 22 are not required to be covered. (NOTE: Children aged 22 and older who are receiving compensation for employment must be reported as an employee.)
Newspaper delivery personnel subject to certain criteria.

Failure to Obtain Required Coverage:

If you have employees working for you at this time and you do not have a WSI policy, you are uninsured in the state of North Dakota. Since you are required, by law, to cover your workers against injuries, you will be required to pay premium for the period you were not insured, and you may also be subject to penalties for failure to secure coverage. Additionally, workers may bring suit against you as an uninsured employer for damages caused by an injury during the period in which you were uninsured.