Insurance Coverage Questions
An 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 expects 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% or 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 employers who carry workers' compensation coverage with WSI face a unique challenge when they take their business operations outside the state of North Dakota. As a state agency, and not an insurance agency, 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.
The workplace is changing and many employees can now work from anywhere. Having employees who work remotely may affect an employer's requirement of coverage with WSI.
North Dakota employers with employees working in/from other states
If you are a North Dakota based business and you hire employees to work in/from states other than North Dakota, you must obtain workers' compensation coverage in that state. WSI is unable to write coverage for employees that do not work in North Dakota.
Out of state employers with employees working in North Dakota
Employers who enter into employment agreements in North Dakota must secure coverage with WSI for those employees. 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. Employers will want to be certain they have the proper coverage in place before hiring workers based in North Dakota.
With the exception of federal and railroad employees, an employer may choose to purchase elective coverage for himself/herself and for any employees otherwise exempt. This coverage is not required by law. Coverage becomes effective upon WSI's approval of a completed, signed application and an elective coverage contract (when applicable).
Exempt from Title 65
- Owner, partner, corporate officer or spouse
- Employer's children under the age of 22
- Certain licensed real estate brokers
- Newspaper delivery personnel
- Farm and ranch labor
- Certain custom farm operations
- Household domestic workers
- Employees engaged in the operation of a place of worship
- Federal and railroad employees
An account in good standing with WSI is issued a Certificate of Payment. You may access your Certificate of Payment at myWSI.
In order to see if an employer has coverage with WSI, go to Employer Search
When a business owner thinks about purchasing another business, he or she probably considers workforce changes, tax implications and other common areas of concern. A lesser known or often overlooked consideration is the impact the purchase could have on workers’ compensation costs. Click here for additional information on selling or buying a business.
Click here to learn more about accessing the myWSI online portal.
If you have questions or need assistance, contact customer service at 800-777-5033 or 701-328-3800.
An employer is responsible for a portion of the medical expenses for each claim filed. Employers are billed monthly for assessable claims costs paid during the previous month.
If a worker was injured and medical attention is not immediately being sought, provide information regarding that incident by completing an
Incident Report. The incident report should be filed by midnight (central time) of the next WSI business day following the injury date.
If that worker later seeks medical attention and a claim is received by WSI within 14 calendar days of the incident, the medical assessment charge will be waived.
Without the filing of the Incident Report, the $250/$350 medical assessment will still be charged if a claim is eventually filed.
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It may take 7-10 business days for WSI to process a Verification of Nonemployment and send the Letter of Good Standing to the ND Secretary of State.