All employees engaged in hazardous employment in North Dakota must be covered by workers' compensation insurance. All employees in the public sector except “workfare” employees are covered, including volunteer firefighters, volunteer civil defense workers, and people holding elective office. An employee who is working out of state but who is employed by an employer located within the state must be covered. Employees of subcontractors are also considered employees of the general contractor. Minors are covered, even if they are unlawfully employed. In North Dakota, Workforce Safety and Insurance (WSI) is the state bureau responsible for workers' compensation (ND Cent. Code Sec. 65-01-01 et seq.).
There are a few limited exceptions to coverage:
• Members of boards of directors, unless they are also corporate officers
• Clergy and employees of religious corporations
• Illegal enterprises or operations
• Children of the employer who are under the age of 22
• Vocational training employees
• Real estate sales personnel who are paid by commission
• Independent contractors
• Newspaper carriers whose compensation is related to sales and are treated as independent contractors
Anyone whose coverage is not mandated by law may be covered at the election of the employer and upon payment of the appropriate premium into the state insurance fund.
Leased employees. The client company is responsible for workers' compensation coverage for leased employees, just as if they were direct employees of the client company.