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Good Evening
8:13:42 PM CDT
Friday, December 19, 2014

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Insurance Coverage

Changing or canceling coverage If you have applied for a contractor's license Requesting a quote
Coverage for staffing services Independent contractor Retrospective rating plan
Coverage for volunteers Obtaining coverage Starting a new business in ND
Coverage Limits & Rights of Subrogation Optional coverage Subcontractor arrangements
Custom operations Out of State Employers Working in North Dakota The role of WSI
Deductible program Premium and payroll When your ND workers work outside ND
Definition of employer Premium audits Who needs coverage
Experience rating Proof of Insurance  

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


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.

Questions?

Call (701) 328-3800 or 1-800-777-5033 or email wsiemployerservices@nd.gov

Resource link:

2010 All States Coverage

Extraterritorial 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.

  1. 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?
  2. Do the business operations of the employer make the employer’s contact with another state more than incidental or occasional?
  3. In what state was the employment contract entered?
  4. 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?
  5. 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 another state.

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 serious.

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 states.

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.

Contact Information:

State of Idaho
Industrial Commission
P.O. Box 83720
Boise ID 83720-0003
(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) 444-0564
Fax: (406) 444-7710

Workers Compensation Division
Operations Section Coverage Unit
P.O. Box 14480
Salem Or 97309-0405
Phone: (503) 947-7815

South Dakota Department of Labor
Division of Labor
Kneip Building
700 Governors Drive
Pierre SD 57501-2291
Phone: (605) 773-3681
Fax: (605) 773-4211

State of Utah
Industrial Commission
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
P.O. Box 44140
Olympia WA 98504-4140
Phone: (360) 902-4817

State of Wyoming
Workers Safety & Compensation Division
Employer Services
1510 East Pershing Boulevard 2nd Floor Dept. of Employment
Cheyenne WY 82002
Phone: (307) 777-6763
Fax: (307) 777-5298

In Summary:

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.

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