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 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.