Workers Compensation Rules of Monopolistic State Funds: North Dakota

workers comp insurance The Workers Compensation Bureau administers coverage under the Workers Compensation act in North Dakota. All public employees and most employees (one or more) within the categories of private or hazardous employments are classified as compulsory under the workers compensation act of this state. Employers exempt from the act are those who employ farm labor, domestic servants, and casual workers. Nonhazardous employments and employers, including officers of a business corporation, excepted from the compulsory provisions of the act are eligible however, for coverage on a voluntary basis. If an employer in this situation does not wish to purchase insurance, it still retains its common law defenses.

North Dakota has reciprocal agreements with a number of states regarding nonresident employees. These agreements exempt nonresident employees— who are covered by workers compensation insurance in their home state—from the provisions of the North Dakota act while temporarily within this state. This extra-territorial provision, however, does not apply to resident employees of North Dakota.

Those states that have reciprocal agreements with North Dakota are:

Colorado, Idaho, Montana, Nevada, Oregon, South Dakota, Utah, Washington and Wyoming. Employees from all other states must be covered by workers compensation insurance from the North Dakota fund.

When a firm desires workers compensation insurance in the state of North Dakota for out of state employees it can either write or call the bureau giving an estimate of its expected payroll in that state and describing the type of work to be performed. The bureau will then inform the employer about the cost of insurance per classification and about the total advance premium necessary to deposit prior to the commencement of work in North Dakota.

When such a request involves a subcontractor, a certificate of insurance is issued for the prime contractor. The bureau also submits a copy of this certificate to the secretary of state indicating that the subcontractor is in good standing with the workers compensation bureau. The subcontractor is then in a position to request a contractor’s license from the secretary of state thereby enabling him to commence work in North Dakota.

North Dakota Workers Compensation Bureau

500 E. Front St.

Bismarck ND 58504-5685

(701) 328-3800; FAX: (701) 328-3750