In North Dakota, whether a business owner or corporate officer is covered by workers' compensation — and whether they can change that — depends on the entity type and North Dakota's own rules. Getting the election right affects both your protection and your premium. Here is how inclusion and exclusion work in North Dakota, the form or filing to use, and what it means for your policy.
Who must carry workers' compensation in North Dakota?
Mandatory for essentially all employers — Workforce Safety & Insurance requires coverage for all employees (full-time, part-time, seasonal, or occasional) before work begins; there is no minimum employee count.
Can owners and officers be included or excluded in North Dakota?
| Sole proprietor | Exempt by default; may elect optional coverage. |
|---|---|
| Partners | Exempt by default; may elect in. |
| LLC members | Members fall under the owner/partner/officer exempt category; electable. |
| Corporate officers | Exempt by default (with the owner's spouse); may elect in. |
How to make the election in North Dakota
- Online filing: WSI — Application for Insurance (elective coverage)
- Official source: North Dakota WSI — payroll & coverage information
How North Dakota counts an included owner
For an included owner/officer, reportable payroll is capped at 70% of North Dakota's state average annual wage, reset each July 1. WSI does not publish the specific dollar cap online — we confirm the current figure with the fund for your account. (effective reset each July 1). Source.
North Dakota is a monopolistic state-fund state
North Dakota has no private workers' compensation market — coverage is written only through North Dakota Workforce Safety & Insurance (WSI) is the sole provider; state law bars private workers' comp insurers (or state-approved self-insurance). We don't place your North Dakota workers' comp with a private carrier, but we coordinate it with the rest of your commercial program — general liability, property, commercial auto, umbrella, and any out-of-state operations the state fund doesn't cover.
Related
North Dakota business insurance · Workers' compensation coverage · North Dakota Workforce Safety & Insurance.
Frequently Asked Questions
Do business owners have to carry workers' comp on themselves in North Dakota?
It depends on your entity and role. Exempt by default; may elect optional coverage. Exempt by default (with the owner's spouse); may elect in. Employees are always covered.
How do I include or exclude an owner from workers' comp in North Dakota?
The right form, portal, or endorsement depends on your entity type. North Dakota uses an online filing, which we help you complete.
What payroll is used for an included owner in North Dakota?
Premium is figured between a state-set minimum and maximum that changes each year; we confirm the current amount for your policy.
Can Cory Washington & Co. handle my North Dakota workers' comp election?
Yes. We confirm which rule applies to your entity, prepare the correct form or election, coordinate it with your carrier, and keep your workers' comp aligned with the rest of your program. Request a quote or a policy review and we'll take it from there.
This page is general educational information from Cory Washington & Co. LLC about how workers' compensation owner inclusion and exclusion works in this state. It is not legal, tax, or insurance advice and is not a determination of your eligibility or obligation. Workers' compensation laws, forms, payroll limits, and residual-market programs change and depend on your entity type, ownership, and operations. Confirm the current rules and amounts with your licensed advisor at Cory Washington & Co. LLC and the state agency before making any election.