North Dakota workers' compensation insurance: Your guide to requirements and getting a policy

If you’re a North Dakota employer looking to protect both your business and your team, you’re in the right place. At Beyond, we provide the essential information you need to understand how workers’ compensation works and how to stay compliant.

How does workers’ compensation coverage protect North Dakota employers and employees?

Workers’ compensation helps shield employees from the financial burden of on-the-job injuries and occupational illnesses. For example, if an employee needs time away from work due to a work-related issue, workers’ comp can provide partial wage replacement and medical coverage.

At the same time, it protects employers, serving as a safeguard against lawsuits and penalidades estaduais relacionadas a acidentes de trabalho.

What are North Dakota’s workers’ compensation requirements?

Any business with a location in North Dakota or that hires employees to work in the state must carry workers’ compensation insurance. Coverage must be secured before hiring the first employee. This includes out-of-state employers with 25% or more of their payroll in North Dakota.

Are there any exemptions?

Yes, North Dakota law allows exemptions for:

  • Business owners and their spouses

  • Partners in a partnership

  • Corporate officers

  • Newspaper delivery workers

  • Certain licensed real estate brokers

  • Farm and ranch labor

  • Custom farming

  • Domestic workers

  • Sole proprietors

  • Federal and railroad employees

  • Religious workers

  • Volunteers

Note: Even if exempt, a business may elect to purchase coverage through North Dakota Workforce Safety & Insurance (WSI), pending approval.

What does workers’ compensation insurance cover in North Dakota?

Medical benefits: Covers all necessary medical expenses, including travel, meals, parking, and other costs related to treatment.

Wage-loss benefits:
Provided for:

  • Temporary partial disability

  • Temporary total disability

  • Permanent total disability

Wage-loss benefits apply after five consecutive days of missed work. Additional support may be granted for employees with dependent children.

Return to work services:
Includes case management, vocational rehab, retraining, and job search assistance.

Permanent partial impairment:
Provides an additional award based on the severity of permanent injury.

Death benefits:
Covers funeral costs and survivor benefits. If there are no direct dependents, a lump sum may be paid to a sibling, parent, or grandparent.

How do North Dakota employers purchase workers’ compensation insurance?

North Dakota operates under a monopolistic state fund, meaning private insurers are not allowed. All policies must be obtained through North Dakota Workforce Safety & Insurance (WSI).

Employers must open an account and complete an application on the WSI website before hiring employees.

What are the penalties for not having coverage?

Failing to carry coverage may result in:

  • Payment of retroactive premiums

  • Full financial responsibility for injury claims

  • Lawsuits from employees

  • A stop-work order, a $10,000 fine, and $100 per day until coverage is secured

  • $5,000 fine (plus $100 per day) for using uninsured subcontractors with cease and desist orders

What happens when an employee is injured?

If the injury is an emergency, the employee should go to the nearest ER. For non-emergencies, they must report the injury to the employer first.

The employee should submit the Doctor’s Report of Injury (C3) after each medical appointment.

The employer must file a First Report of Injury (FROI) immediately. Submissions can be made online, via fax at (701) 328-3820, or by mail to WSI.

Can employees choose their own doctor?

Possibly. If the employer designates specific medical providers, the employee must choose from that list. If not, the employee is free to select any licensed physician.

More resources for North Dakota employers

Why workers’ compensation is essential for North Dakota employers

Having a workers’ compensation policy isn’t just a legal requirement—it’s a mutual benefit.

  • For employers: It protects against lawsuits and penalties.

  • For employees: It ensures financial and medical support if something goes wrong on the job.

If you have questions about setting up a policy or ensuring compliance, the team at Beyond is here to guide you every step of the way.