North Dakota Workers Compensation - laws,rules,statutes,state contacts and detailed policy information

State: North Dakota - a monopolistic state

Authority/Rating Bureau: North Dakota maintains a monopoly state fund that provides workers compensation coverage to all employers in the state. Contact at:

Workforce Safety & Insurance

1600 E Century Ave Ste 1

PO Box 5585

Bismarck ND 58506-5585

Phone: (701) 328-3800

Toll-free: 1-800-777-5033

Fax: (701) 328-3820

http://www.workforcesafety.com/

Compulsory: Yes

Private Insurance: Not Allowed

Self-Insurance: Not Allowed

State Fund: A monopolistic state fund. Contact the state fund at Workforce Safety & Insurance mentioned above or under the "regulated by" section below.

Assigned Risk: Same as State Fund.

Numerical Exceptions: None - 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

Individual Waivers Allowed: Not allowed

Sole Proprietor: Excluded from coverage/may elect to be included - see special note below

Partners: Excluded from coverage/may elect to be included - see special note below

Corporate Officers: Excluded from coverage/may elect to be included - see special note below

LLC Members: Excluded from coverage/may elect to be included - see special note below

Contractors: Subcontractor arrangements - The principal contractor can be liable for occupational injuries to the uninsured subcontractor’s workers. If you are a principal contractor:

Be sure you have a Certificate of Premium Payment verifying that your subcontractor has workers’ compensation insurance for their workers.
If the subcontractor has provided proper coverage, the subcontractor’s payroll is not normally included in your payroll.
If the subcontractor does not have coverage for their workers, you must include these workers and their wages in your payroll.
It is the responsibility of the employer to provide a list of subcontractors at the request of WSI.

Determining independent contractor status - WSI may establish a procedure to determine whether a person is an employer required to obtain workers' compensation coverage under this title and to require a person asserting independent contractor status to file a statement annually with the organization certifying that status. A determination under this section that a person is not required to be insured is effective for no more than one year from the date the person is notified of the determination. WSI retains continuing jurisdiction over determinations made under this section and may reconsider or revoke its decision at any ime. (Section §65-09-01) If any employer or an independent contractor wants to verify independent contractor status, they can contact WSI Customer Service who will provide them with an Independent Contractor Verification Application. This form can also be provided by the North Dakota Department of Labor.

Special Notes: Workers’ compensation coverage is mandatory for most employment. There are certain exceptions:

Licensed real estate brokers and agents with written agreements defining them as independent contractors.
Farm and ranch labor, certain custom operations, household domestic workers, and employees engaged in the operation and maintenance of a place of worship.
Independent contractors - to be considered an independent contractor, you may need to complete an Independent Contractor Verification Application provided by the North Dakota Workforce Safety & Insurance. Upon the approval, you would then be exempt under the workers’ compensation statutes.
Federal and railroad employees.
Children of the employer(s) who are under the age of 22 are not required to be covered. (Children aged 22 and older who are receiving compensation for employment must be reported as an employee.)
Newspaper delivery personnel with written agreements between the individual and the publisher of the newspaper or shopping news that states the individual is an independent contractor.

Coverage for the owners, partners, or corporate officers of a business corporation is optional. An employer may elect to purchase optional coverage for them selves, their spouse, children under the age of 22, and for any workers otherwise exempt WSI. This coverage is not required by law. If you have any doubt about whether you should be insured, please contact WSI. Coverage becomes effective upon WSI’s approval of a completed and signed optional coverage contract.

Coverage for an owner, partner, corporate officer, or spouse will be charged an annual premium based upon the maximum taxable payroll cap.
Coverage for the employer(s) children under the age of 22 is optional and based upon actual wages paid.
Coverage for the employer(s) children aged 22 and older is mandatory and based upon actual wages paid.

Qualifying for Experience Rating:

Beginning with an employer’s fifth year of North Dakota operations, accounts are experience rated. To qualify for experience rating, an account must have a minimum aggregate premium of $25,000 over the five-year period. The experience rate will range from a 75% discount to a 75% surcharge.

Regulated By:

Workforce Safety & Insurance

1600 E Century Ave Ste 1

PO Box 5585

Bismarck ND 58506-5585

Phone: (701) 328-3800

Toll-free: 1-800-777-5033

Fax: (701) 328-3820

http://www.workforcesafety.com/

Workers Compensation Statute:

http://www.legis.nd.gov/cencode/t65.html

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

Contact Us:
WORKERS COMPENSATION CONSULTANT
Voice: (573) 999-6948
Fax: (573) 447-4998
email: rks@workcompconsultant.com

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North Dakota Workers Compensation Laws

Workers compensation policy information for the State of North Dakota