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.
Workers’ compensation helps shield employees from the financial burden of work-related injuries and occupational illnesses by providing access to benefits like medical coverage and partial wage replacement when time away from work is medically required.
At the same time, it protects employers by keeping workplace injury costs inside North Dakota’s no-fault system and reducing exposure to lawsuits and major penalties when coverage is properly in place.
North Dakota is a monopolistic workers’ comp state, which means private insurers cannot underwrite workers’ compensation in North Dakota. Coverage is secured through North Dakota Workforce Safety & Insurance (WSI) Official info.
In general, employers should have coverage in place before employees begin working in North Dakota. Out-of-state employers must obtain WSI coverage when their employment has “significant contacts” with North Dakota—such as when:
an employee earns (or is expected to earn) 25% or more of their gross annual wages in North Dakota, or
25% of the employer’s gross annual payroll is payable for services in North Dakota, or
the employer hires an employee in North Dakota for work in North Dakota.
Official rule details.
Some categories are exempt from mandatory coverage under Title 65, but many employers choose to add coverage anyway via elective coverage (with WSI approval). Official “Coverage Types / Elective Coverage” details.
Examples of categories listed by WSI as exempt from Title 65 include:
Owner, partner, corporate officer, or spouse
Employer’s children under age 22
Certain licensed real estate brokers
Newspaper delivery personnel
Farm and ranch labor and certain custom farm operations
Household domestic workers
Employees engaged in the operation of a place of worship
Federal and railroad employees
Important note: In North Dakota, a person performing services for pay is generally presumed to be an employee unless proven to be an independent contractor under the common-law test, and independent contractor determinations may be effective for no more than one year. (WSI summary).
WSI benefits and services can include:
Medical benefits and related expenses
WSI covers compensable medical care and also may reimburse certain out-of-pocket costs (like mileage/meals) within legal limits.
Medical/reimbursement info.
Wage-loss benefits
If an injured worker misses 5 or more consecutive calendar days as prescribed by a medical provider, they may qualify for wage-loss benefits (temporary total, temporary partial, or permanent total disability). Official details.
Return-to-work services
WSI provides return-to-work support options (case management and vocational services). Overview entry point.
Permanent partial impairment (PPI)
Additional awards may apply based on permanent impairment. (WSI Benefits & Services hub).
Death benefits
If a worker dies from a work-related accident, WSI may pay funeral expenses and survivor benefits. Official details (including benefit structure and filing deadline).
Because North Dakota is a monopolistic state for workers’ comp, employers obtain coverage through WSI (not private carriers).
To manage an account, report payroll, and access services, employers typically use WSI’s portal (myWSI).
If you’re unsure whether you need to apply (including multi-state scenarios), start here.
If you have employees working and do not have an active WSI account, you are considered uninsured. WSI may require:
payment of premium for the uninsured period, plus penalties and interest
liability for the actual cost and reserves of claims during the uninsured period
exposure to lawsuits for damages during the uninsured period
WSI also has authority to issue a Cease & Desist Order, and employers may be subject to:
$10,000 penalty plus $100 per day while the violation continues
$5,000 plus $100 per day for willfully using uninsured subcontractors under a cease & desist order (as described by WSI)
mergency situations: go to the nearest emergency room.
Non-emergencies: the employee should report the injury to the employer first. Official guidance.
Filing the claim (First Report of Injury – FROI):
A claim can be filed online, by fax, or by mail. WSI’s FROI instructions and links:
Ongoing care (Capability Assessment – C3):
After medical appointments, WSI guidance states the employee should provide the employer the Capability Assessment form (C3), which documents restrictions and return-to-work planning.
Claim filing timeframe:
WSI states claims must be filed within one year after an injury or within two years after a death (as explained on its Reporting an Injury page).
North Dakota employers may select a Designated Medical Provider (DMP) to treat work-related injuries. Official explanation.
WSI’s reporting guidance notes that, for non-emergencies, employees should ask the employer for the DMP list and treating outside the DMP may result in medical benefits not being covered. If the employer does not have a DMP, the employee may treat with a provider of their choice.
In North Dakota, workers’ compensation coverage isn’t just a checkbox, it’s a critical safeguard for your employees’ care and your business’s legal and financial protection. If you need help understanding how your workforce structure (including multi-state work) affects compliance, Beyond is here to help you navigate it clearly and confidently.
