Insurance Coverage

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

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 is defined as working not more than 30 consecutive days in a state in which the employer does not conduct business that would require the employer to obtain workers’ compensation coverage in that other 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
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
Kneip Building
700 Governors Drive
Pierre SD 57501-2277
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
Olympia WA 98504
Phone: (360) 902-4817

State of Wyoming
Employment Tax Division
CBC Building
1510 East Pershing Boulevard
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.