Out-of-State Employers Working in North Dakota

Unlike other states, North Dakota law does not allow private insurers to underwrite workers’ compensation insurance in North Dakota. WSI is the sole provider and regulator of workers’ compensation in the state of North Dakota. You will want to be certain you have the proper workers’ compensation coverage in place before hiring workers based in North Dakota or before employees begin working in North Dakota.

Coverage Requirements for Out-of-State Employers

Any employer whose employment results in significant contacts with North Dakota, or enters into employment agreements in North Dakota must secure coverage with WSI.

An employer has significant contacts with North Dakota when:

  • Any employee earns or would have been expected to earn 25% or more of the employee’s gross annual wage or income from that employer for services rendered within North Dakota, or
  • 25% of the employer's gross annual payroll is payable to employees for services rendered in North Dakota, or
  • An employer hires an employee in North Dakota for work in North Dakota. If you come into North Dakota and hire workers here, WSI coverage is required.

North Dakota Century Code § 65-04-33 states, “An employer may not employ any person, or receive the fruits of the labor of any person, in a hazardous employment as defined in this title, without first applying for Workforce Safety and Insurance coverage for the protection of employees by notifying the organization of the intended employment, the nature of the intended employment, and the estimated payroll expenditure for the coming 12-month period.”

An employer may be liable for the actual cost and reserves of any claim attributable to the employer during the time the employer was uninsured. In addition, an uninsured employer is subject to non-compliance premiums, penalties and interest.