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 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
Coverage for an owner, partner, corporate officer, or spouse will be charged an annual premium based upon the appropriate class rate multiplied by the maximum taxable payroll cap.
Coverage for the employer’s children younger than 22-years-old is based upon the appropriate class rate multiplied by the actual wages paid.
Coverage for the employer’s children 22 years and older is mandatory and based upon the appropriate class rate multiplied by the actual wages paid up to the maximum taxable payroll cap.
Generally, agricultural work is exempt from mandatory workers’ compensation coverage unless any of the following occur:
- A custom operator who is “based outside this state” and comes into North Dakota to perform custom work must secure coverage with WSI. This is regardless of the number of days of operation in this state.
- A North Dakota employer insured with WSI doing custom work outside this state (which would presume that the operations are based in North Dakota) and brings along North Dakota based workers would be covered for exposure outside the state (for these North Dakota residents) pursuant to our extraterritorial statute, or not more than 30 consecutive calendar days. Any exposure longer than 30 days would likely require the employer to secure coverage in the state in which they are doing business. WSI is unable to provide coverage for workers that are not part of the North Dakota based crew and have not worked in North Dakota for this employer.
- A North Dakota based custom farming operator who provides custom services inside the state of North Dakota retains the exemption so long as his work does not exceed “30 actual working days of operation.” The statute does not discuss “calendar” or “consecutive” days, but “actual” days. That means that any excess of 30 days of custom operation, regardless of breaks between working days or length of time spent with a particular customer, requires that the employer secure coverage.
Any volunteer organization, not otherwise provided for under Title 65, may contract with WSI for insurance protection for its own members while they are engaged in specific activity provided for in the volunteer contract.
An Application for Insurance and a Volunteer Organization Coverage contract must be submitted to WSI. The request for volunteer coverage will be reviewed and upon approval, a copy of the contract and a billing statement will be mailed to the organization. WSI must be notified in writing of any changes or additions to the information included in the contract. Individuals not identified as volunteers in the contract or provided to WSI in writing prior to the date of the injury are not eligible for coverage.
An organization may contract with WSI for the coverage of participants in a program of vocational training or work evaluation. Vocational accounts are set up to cover injury to students who are doing unpaid job shadowing or on-the-job training that is in conjunction with their schooling. A Vocational Account may also be set up for vocational training students within a school or institution.
An Application for Insurance and a Vocational Training & Work Evaluation Coverage contract must be submitted to WSI. The request for vocational training or work evaluation program coverage will be reviewed and upon approval, a copy of the contract and a billing statement will be mailed to the organization. WSI must be notified in writing of any changes or additions to the information included in the contract. Individuals not identified as participants in the contract or provided to WSI in writing prior to the date of the injury are not eligible for coverage.
A staffing service under North Dakota’s workers’ compensation law includes:
- Professional employer organizations
- Employee leasing companies
- Staffing organizations
- Any other business entity which provides or leases employees
- Any other business that maintains a co-employment relationship with employers in North Dakota
North Dakota does not permit master policies, but rather maintains a multiple coordinated policy approach.
Tribes are sovereign nations that function independently from the federal and state governments. Each tribe has its own constitution and set of distinct laws to govern conduct within their jurisdiction.
There are five federally recognized tribes and one Indian community located at least partially within the state of North Dakota. These include the Mandan, Hidatsa, & Arikara Nation (Three Affiliated Tribes), the Spirit Lake Nation, the Standing Rock Sioux Tribe, the Turtle Mountain Band of Chippewa Indians, the Sisseton Wahpeton Oyate Nation, and the Trenton Indian Service Area.
As the exclusive administrator of workers' compensation in North Dakota, Workforce Safety & Insurance (WSI) has defined the application for the requirements of coverage for operations both inside and outside the boundaries of the Indian Reservations outlined above.
WSI coverage is elective if:
- The business entity is an "Arm of the Tribe" to which sovereign immunity applies.
- The business entity is owned by a member of a tribe and is operating within the territories of tribal land.
WSI coverage is mandatory if:
- The business entity is operating within the territories of tribal land and is not owned by a tribal member.
- The business entity is owned by a member of a tribe and is operating outside the territories of tribal land.