Coverage Requirements

Out-of-State Employers

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 purchase 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
  • 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.”

As per North Dakota Century Code § 65-08-01 (5), An employer who opens an account with WSI is obligated to report all wages earned in North Dakota to WSI.

North Dakota Employers

Coverage is required if:

  • An employer hires employees to work in North Dakota
  • Employees are working at a business location in North Dakota

Elective Coverage

  • Coverage for an owner, partner, corporate officer, or spouse
  • Coverage for the employer’s children under the age of 22
  • 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