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
When Your ND Workers Work Outside ND
North Dakota Employers who carry workers compensation coverage with WSI face unique challenges when they take their business operations outside the state of North Dakota. As a state agency, and not an insurance company, WSI cannot write coverage for exposure outside the state. We can provide limited coverage for temporary or incidental exposure (defined as less than 30 consecutive calendar days) outside the state of North Dakota.
It is the responsibility of each North Dakota business person to analyze their out of state risk. The cost of noncompliance premium, penalty and interest can be substantial if the Regulator of another state finds that coverage should have been secured. Generally, an extended stay or a significant amount of work, repeat business in the other state, a permanent or semi-permanent place of business, or hiring local residents in that other state are facts to consider when evaluating your need for workers compensation coverage in another state.
Temporary & Incidental All States Coverage:
WSI has expanded its relationship with The Accident Fund of America to provide coverage for all North Dakota employers who
have workers traveling outside of North Dakota on a temporary and incidental basis. Effective July 1, 2010, all active
policyholders in good standing with WSI are automatically enrolled.
How it works
- The employer must have an active account in good standing with WSI.
- The protection by our Temporary and Incidental All States Coverage program is automatic. There is no longer a per policy charge for this coverage.
- This insurance provides coverage for temporary and incidental exposures in all states except Ohio, Washington and Wyoming.
- This is coverage for all your employees who travel to other states on temporary incidental business. Temporary and incidental exposure means exposure outside the state of North Dakota for less than 30 consecutive calendar days. An employer is always responsible for evaluating their exposure in each state in which they conduct business to ensure compliance with the workers compensation law of that state.
- If the employer or employee has a permanent worksite outside the state of North Dakota, or other significant contacts in that state,
the employer must obtain workers’ compensation coverage in that state.
- It is important for all North Dakota employers to check with the state in which they operate to verify coverage requirements.
North Dakota WSI cannot guarantee that coverage in another state is not required.
- It is the responsibility of every North Dakota employer whose business operations touch another jurisdiction to inquire into
the workers' compensation requirements of that jurisdiction. North Dakota employers who do not ensure their compliance with other
states workers' compensation requirements run the risk of being uninsured in that state.
- Temporary and Incidental All States Coverage does not provide Employer Liability coverage.
Call (701) 328-3800 or 1-800-777-5033 or email email@example.com
2010 All States Coverage
As a general rule,
extraterritorial coverage extends to incidental operations lasting fewer than
30 days in a state where the employer has no other significant contacts with
that state and those operations do not require the employer to purchase
workers’ compensation insurance under the laws of that state.
The difficulty in
determining which state has jurisdiction in these situations intensifies when
defining significant contacts. Each
state has different definitions of “significant contacts”. In determining if extraterritorial coverage
applies to an employer, WSI considers the following.
- What is the nature of
the employer’s business? Do the employer’s employees travel daily to another
state to make deliveries or provide services?
- Do the business
operations of the employer make the employer’s contact with another state more
than incidental or occasional?
- In what state was the employment contract entered?
- Does the employer
have a physical place of business in this state and do the employees regularly
report or work from that place of business?
- What is the employee’s state of residence?
Complying With Other States’ Workers’ Compensation Requirements:
It is the duty of
every North Dakota employer whose business operations extend into other
jurisdictions to comply with the workers’ compensation requirements of that jurisdiction.
North Dakota employers who do not ensure their compliance with the other
states’ workers compensation requirements run the risk of being uninsured in
Typically, an employer who does not ensure compliance
with other states’ workers’ compensation requirements
is unaware that they would be considered uninsured
in another state until an employee files a claim
for benefits in another state. After an employee
files the claim, an inquiry may be made as to the
status of the employer’s workers' compensation coverage
in that other state. If a North Dakota employer
is deemed uninsured in that other state, the financial
repercussions in premium and penalties are potentially
Reciprocal Agreements Between States:
WSI currently has reciprocal
agreements with seven states across the country. These states are: Idaho,
Montana, Oregon, South Dakota, Utah, Washington and Wyoming (see contact
information below). These reciprocal
agreements allow your North Dakota employees to work in those states on a
temporary basis without purchasing workers’ compensation coverage in those
The reciprocal agreements for each state vary and may include exclusions. These agreements
must be requested by the employer and be approved before becoming effective. Therefore, the employers need to contact
WSI before assuming they have WSI coverage for their employees working in these
states. WSI has jurisdiction over a
claim arising under a reciprocal agreement.
State of Idaho
317 Main Street
Boise ID 93920
(Employer Compliance Department):
Phone: (208) 334-6000
Fax: (208) 334-2321
Montana Department of Labor & Industry
Employment Relations Division-Standard Bureau
PO Box 8011
Helena MT 59604-8011
Phone: (406) 444-6532
Fax: (406) 444-3465
Oregon’s Workers Compensation Board
Compliance Division, Registration Section
L & I Building
Salem Or 97130
Phone: (503) 947-7815
South Dakota Department of Labor
Division of Labor & Management
700 Governors Drive
Pierre SD 57501-2277
Phone: (605) 773-3681
Fax: (605) 773-4211
State of Utah
PO Box 146610
Salt Lake City UT 84414-6610
Phone: (801) 530-6800
Fax: (801) 530-6804
State of Washington
Department of Labor & Industries
General Administration Building
Olympia WA 98504
Phone: (360) 902-4817
State of Wyoming
Employment Tax Division
1510 East Pershing Boulevard
Cheyenne WY 82002
Phone: (307) 777-6763
Fax: (307) 777-5298
It is critical to
remember that coverage with WSI cannot
replace required coverage with another state. It is the employer’s
responsibility to determine whether coverage needs to be secured in other
jurisdictions. North Dakota employers are best served by presenting their
employment situations to each state in which their employees may travel or
conduct business prior to having
employees working in that state.
Issues of extraterritorial coverage must be addressed on a case-by-case-basis.
Our Employer Services Department is available to assist employers in
relation to any coverage situations they may encounter. Please call
(701) 328-3800 or 1-800-777-5033 for assistance.