Understanding North Dakota Workers’ Compensation Laws

An A-Z guide on everything you need to know before you purchase a North Dakota Workers' Comp Insurance Policy

If you have at least one employee or are planning to hire your first, North Dakota workers’ compensation laws mandate that your purchase workers’ comp. However, there are exemptions to be aware of and you need to know the special factors in how North Dakota runs workers’ comp.

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employee

Part-time, seasonal, and occasional employees need to be covered also.

Who is exempt? 

  • Employer’s children under 22 years of age
  • Some licensed real estate brokers
  • Newspaper delivery people
  • Agricultural laborers
  • Domestic workers
  • Some religious employees
  • Railroad and federal employees

Do you need workers’ comp insurance in North Dakota?

Yes, if you have even one employee or plan to hire one, you do have to have workers’ compensation insurance. While there are limited exceptions, most employers need to have this insurance to cover part-time, seasonal, full-time, and occasional employees.

Do you need workers’ compensation coverage in North Dakota if you’re self-employed?

No, self-employed people or independent contractors are not required to have workers’ compensation insurance for themselves. Keep in mind that before being called an independent contractor, you need to complete an Independent Contractor Verification Application from the North Dakota Department of Labor. This makes you exempt under the current state statutes.

Who is exempt from North Dakota workers’ compensation requirements?

There are a few exemptions to be aware of, including business owners, such as corporate officers and partners and employer’s children under 22 years old. Also, some licensed real estate brokers, newspaper delivery people, agricultural and domestic workers.

How much is workers’ comp coverage in North Dakota?

Your North Dakota workers’ comp rate will depend on the following factors:

  • The type of business you have
  • The size of your payroll
  • Your safety record
  • Claim history
workers comp policy cost

How can North Dakota small business owners save money on workers' comp?

Knowing North Dakota workers’ compensation laws is important, but you don’t always have to spend a bundle on this form of insurance. There are ways to get coverage without spending too much on it. Consider the following methods to reduce your costs:

How does workers’ compensation work in ND?

North Dakota workers’ compensation laws make the process a bit different than in other states. Insurance companies are not allowed to sell workers’ comp insurance in the state. Instead, a businesses will get coverage from the state no-fault insurance program.

What does workers’ comp cover in North Dakota?

Workers who file a workers' comp claim in North Dakota can receive benefits for the following:

workers comp covers medical bills

Medical bills

workers comp covers lost wages

Lost Wages

Workers' comp coverage also protects employers from legal action. This means that if an employee sues your business because of a workplace injury, the insurance will cover the legal costs of the case.

How to get workers’ comp insurance in North Dakota

The process to get insurance in North Dakota is fairly unique. Instead of choosing an insurance company on your own, you will need to purchase workers’ comp insurance through the state insurance company, North Dakota Workforce Safety and Insurance (WSI). 

Employers can choose to apply for coverage online or download, complete, and fax or mail the ND Application to WSI. WSI will determine the premium based on the payroll estimate and provide you with a billing statement. Payments and access to payroll can be found on the myWSI online portal.

What happens if I don’t have workers’ comp insurance in ND?

According to North Dakota workers’ compensation laws, not having this crucial coverage could lead to a $10,000 penalty. In addition, there may be another $100 per day as a penalty for each day of violation. 

WSI can also choose to issue a Cease & Desist order for employers who do not have workers’ comp coverage. 

FAQ talk bubbles

FAQS

What are workers’ comp death benefits in ND?

The worker’s spouse and children may receive death benefits in North Dakota. If no dependents exist, an amount of $15,000 will be paid to non-dependent children. If there aren’t any, this will be paid to the deceased worker’s parents.

As far as compensation goes, the burial allowance in the state is $10,000. North Dakota families also can be paid up to 66 2/3% of the pre-injury wage of the worker and $15 per child per week. 

The minimum benefit is $576 per week while the maximum weekly amount is $1,200. A lump sum of $2,500 may be paid to the spouse or guardian of the children as well as $800 for each dependent child.

Death benefits are available until $300,000 has been paid out or the surviving spouse dies. If the spouse remarries, they get a lump sum equal to two years' compensation. Surviving children are provided with benefits until they are 18 (or 22 if they are in school.) Benefits may continue for disabled kids.

How do workers’ comp settlements work in ND?

Workers’ compensation settlement in ND is an offer from an insurance company to pay money instead of wages and medical benefits. These can be structured payments or lump sums. The settlement amount will vary based on the severity of the injury, the received treatments, where the employee lives, and what their disability rating is.

What are the statutes of limitation regarding workers’ compensation in ND?

All workers' compensation claims need to be filed within one year of an injury or two years of a death. The injury date is the first day an average person would have known an employee suffered an injury and lost wages, got medical treatment, or both.

How do I get a workers’ comp insurance policy with Kickstand Insurance?

Start by filling out a short online form about your business. We’ll use that info to get you an estimated quote. Then, one of our experienced agents will contact you to review the quote and make sure you are getting the absolutely lowest rate possible for your business. Once the quote is finalized, you’re ready to buy the policy - often with coverage starting that day!

Learn more about Workers' Comp in North Dakota

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