Sole proprietor workers comp in North Dakota
North Dakota does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work. Verified 2026-05-09.
How sole proprietor workers comp works in North Dakota
A sole proprietor is the simplest business form: one person, no separate legal entity, all income reported on Schedule C. North Dakota does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work. If you have at least one employee, you almost certainly need a policy regardless of whether you cover yourself.
Cost for a sole proprietor in North Dakota
Premium is rated on payroll. The owner draw on Schedule C is typically rated at the state minimum payroll for sole proprietors (often around $50,000 annualized) when the owner elects in. The class code drives the rate per $100, ranging from clerical at well under $1 to roofing or trucking at $20 or more in North Dakota. A solo operator on a low-rate clerical code who elects in often pays only the carrier minimum (typically $250 to $500), while a contractor with a single helper can run from a few hundred to a few thousand a year depending on payroll.
When to elect in vs out
Electing in makes sense if your work is hands-on (contractor, trucker, roofer, landscaper) because workers comp is the only insurance that pays both medical and lost-wage benefits with no deductible. Electing out makes sense if your work is low-risk and you have personal health insurance plus disability coverage that replaces workers comp at lower cost. Run the math on minimum premium versus an individual disability policy before deciding.
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FAQs
Do sole proprietors need workers comp in North Dakota?
North Dakota does not require sole proprietors to cover themselves. Owners can elect out by filing an exclusion form, lowering premium but giving up workers comp benefits if they are injured at work.
When does a North Dakota sole proprietor have to start carrying workers comp?
All employers with employees For a sole proprietor with no employees, the threshold typically does not trigger; once you make a first W-2 hire, the rule applies and you need a policy in force on the hire date.
What happens if a North Dakota sole proprietor skips workers comp?
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.
Is workers comp tax-deductible for a sole proprietor in North Dakota?
Yes, workers comp premium is a deductible business expense on Schedule C for a sole proprietor whether the policy is required by North Dakota law or elected voluntarily. The deduction reduces taxable self-employment income, which also reduces the SE tax. Keep the policy declarations page and audit endorsement with your tax records.
Can a sole proprietor in North Dakota skip workers comp by paying everyone 1099?
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. If the workers act like W-2 employees (set hours, your tools, your direction), the carrier or state can reclassify them at audit and recover back premium plus penalties.