Who Needs Coverage?

An employer is defined as a person who receives the services of another for remuneration. It includes individuals, the state, corporations and their officers, partnerships and their partners, limited liability companies and their managers, associations, legal representatives of a deceased person, and receivers and trustees. Please contact Policyholder Services for assistance in determining if your business entity is an employer under North Dakota law.

Under the North Dakota Century Code, workers’ compensation provides workers with wage loss and medical benefits for injuries sustained in the course of employment. General liability, health, and accident insurance are not substitutes for workers’ compensation insurance. North Dakota law, with limited exceptions, requires all employers to secure workers’ compensation insurance to cover their full-time, part-time, seasonal, or occasional employees prior to hiring. Please see Obtaining Coverage for more information on how to become insured. To be insured, you must submit an application to North Dakota Workforce Safety & Insurance (WSI).

Workers’ compensation coverage is mandatory for most employment.

There are certain exceptions:

  • Federal and railroad employees
  • Licensed real estate brokers
  • Newspaper delivery personnel
  • Farm and ranch laborers, certain custom operations, household domestic workers, and employees engaged in the operation and maintenance of a place of worship.
  • To be considered an independent contractor, you may need to complete an Independent Contractor Questionnaire. Please contact WSI to obtain the Questionnaire. Upon the approval by WSI, you would then be exempt under the workers’ compensation statutes.
  • Children of the employer(s) who are younger than 22 years old are not required to be covered. Please note that children 22 years and older who are receiving compensation for employment must be reported as an employee.
  • Coverage for an owner, partner, corporate officer, or spouse

Failure to Obtain Required Coverage:

If you have employees working for you at this time and you do not have a WSI policy, you are uninsured in the state of North Dakota. Since you are required by law, to cover your workers against injuries, you will be required to pay premium for the period you were not insured. You may also be subject to penalties and interest for failure to secure coverage. As per N.D.C.C. § 65-04-33(3) 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. Additionally, workers may bring suit against you as an uninsured employer for damages caused by an injury during the period in which you were uninsured.

Cease and Desist:

WSI is the sole provider and administrator of the workers’ compensation system in North Dakota. North Dakota law, with limited exceptions, requires all employers operating in the state to secure workers’ compensation insurance for all employees.

WSI has the authority to issue a Cease & Desist Order to employers that are without workers’ compensation coverage or are in an uninsured status.   Employers may also be subject to a $10,000.00 penalty and $100.00 per day penalty for each day the violation continues. See N.D.C.C. § 65-04-27.2.

Contact Customer Service at 701-328-3800 or 800-777-5033 with questions.