North Dakota Based Employees Working Out of State
North Dakota employers who carry workers' compensation coverage with WSI face unique challenges when they take their business operations outside of the state of North Dakota. As a state agency, and not an insurance company, WSI cannot write coverage for exposure outside the state. WSI may be able to provide limited coverage for your North Dakota based employees (that normally work in North Dakota) under circumstances in which the employee has worked outside North Dakota for a period of not more than 30 consecutive calendar days. See North Dakota Administrative Code § 92-01-02-22
It is the responsibility 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. If a North Dakota employer is deemed uninsured in that other state, the financial repercussions in premium and penalties are potentially serious.
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.
Employees of North Dakota Businesses When Employee Does Not Physically Work In North Dakota
If you are a North Dakota based business and you hire employees to work in/from states other than North Dakota, (example: tele-commuting) you must obtain workers’ compensation coverage in that state. WSI is unable to write coverage for employees that do not work in North Dakota.
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. 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.