ND · Construction · North Dakota Workforce Safety & Insurance state

Construction workers compensation in North Dakota

North Dakota is a monopolistic state fund (North Dakota Workforce Safety & Insurance), so class-by-class Construction rates are available only via the state fund, not in public filings. As a national reference, Construction workers comp runs a median of $2.26 per $100 of payroll, with a range of $0.032 to $53.88 across reporting states. North Dakota caps weekly benefits at $1,569 with a 1-year statute of limitations. Verified 2026-05-09.

National median $2.26
Rate authority North Dakota Workforce Safety & Insurance
Max weekly benefit $1,569

Construction rate context for North Dakota

North Dakota does not publish class-by-class loss costs publicly, but Construction rates from comparable reporting states give you a useful planning range. Use the national rate range below as a baseline; your actual quote depends on payroll size, loss history, and your specific NCCI class code.

Construction class code Typical occupation National median National range
7335 Railroad - Construction/Maintenance $2.26 $0.032 - $53.88
6251 Tunneling $2.26 $0.032 - $53.88
6252 Shaft Sinking $2.26 $0.032 - $53.88
4024 Concrete Construction $2.26 $0.032 - $53.88
6204 Excavation $2.26 $0.032 - $53.88
4034 Asphalt Paving $2.26 $0.032 - $53.88
4828 Oil & Gas Pipeline Construction $2.26 $0.032 - $53.88
4902 Waterproofing Contractor $2.26 $0.032 - $53.88
5040 Iron & Steel Erection $2.26 $0.032 - $53.88
5160 Elevator Erection or Repair $2.26 $0.032 - $53.88
Why no per-state rates here? North Dakota runs a monopolistic state fund (North Dakota Workforce Safety & Insurance), so private carriers do not file public rates. The class codes above use the same NCCI nomenclature, but your binding rate comes from your carrier's filed loss cost multiplier (LCM) applied to those base loss costs.

North Dakota compliance for Construction employers

Coverage threshold

All employers with employees

1099 vs W-2 in Construction

Individuals classified as independent contractors are generally not considered employees for workers' compensation purposes, provided they meet specific criteria defined by WSI to establish an independent contractor relationship.

Owner exclusion

Allowed in North Dakota. Sole proprietor self-coverage optional; LLC member self-coverage optional.

Max weekly benefit

$1,569 at 66.67% of average weekly wage, effective 2025-07-01.

Statute of limitations

1 year from injury date in North Dakota.

Cross-cite: full North Dakota workers comp overview · Construction cross-state rate comparison · North Dakota workers comp lawyer guide · North Dakota settlement chart

Estimate your Construction premium in North Dakota

Pre-filled to Construction and North Dakota. Adjust payroll to see a real premium range from filed rates.

Estimate your workers comp premium

Pick your industry, state, and annual payroll. Range comes from real rate filings.

Filing checklist for Construction businesses in North Dakota

  1. Step 1, Confirm coverage threshold

    All employers with employees For Construction operations, this typically applies once you make a first W-2 hire, even part-time.

  2. Step 2, Pick the right class code

    Construction businesses typically use codes like 7335, 6251, 6252. The wrong code can cost 4 to 10x more or get reclassified at audit. Across reporting states, Construction median rates run $2.26 per $100 with a range of $0.032 to $53.88.

  3. Step 3, Get a quote

    North Dakota Workforce Safety & Insurance is one option in North Dakota; private carriers (Travelers, Hartford, Liberty Mutual, AmTrust) also write coverage. Schedule credits up to 25% are typical for low-loss accounts.

  4. Step 4, Document subcontractors

    A general contractor is responsible for ensuring that subcontractors carry workers' compensation coverage for their employees. If a subcontractor does not have coverage, the general contractor may be held liable for injuries to the subcontractor's employees. Construction operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.

  5. Step 5, Annual audit

    Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Construction class allocation can shift if any worker spends more than 50% of time on a different code.

Penalty for non-coverage in North Dakota: Employers failing to provide coverage are subject to fines, penalties, and may be held personally liable for the full cost of any employee injuries or illnesses.

Construction workers comp FAQs in North Dakota

Why aren't Construction workers comp rates published for North Dakota?

North Dakota is a monopolistic state fund. Class-by-class rate data for this state is available through the rating bureau or licensed brokers. For a national reference, Construction median rates run $2.26 per $100 of payroll across all reporting states, with a typical range of $0.032 to $53.88.

How can a Construction business in North Dakota get a real quote?

Get a quote from any private carrier licensed in North Dakota or the state fund (North Dakota Workforce Safety & Insurance). Provide your annual payroll, ownership structure, and your current Construction class code. Most carriers will return a binding quote within 24-48 hours.

Are Construction 1099 contractors covered by workers comp in North Dakota?

Individuals classified as independent contractors are generally not considered employees for workers' compensation purposes, provided they meet specific criteria defined by WSI to establish an independent contractor relationship.

What is the maximum weekly benefit for an injured Construction worker in North Dakota?

North Dakota caps weekly workers comp benefits at $1,569 (effective 2025-07-01), calculated as 66.67% of the average weekly wage. Construction workers are subject to the same statutory cap as workers in any other industry.

How long does a Construction worker have to file a comp claim in North Dakota?

The statute of limitations in North Dakota is 1 year from the date of injury. Most claims also require notice to the employer within 30 days. Construction workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.

Can a Construction business owner exclude themselves from comp coverage in North Dakota?

Yes, North Dakota allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Construction owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.

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