Workers comp rates and rules in North Dakota
North Dakota has 0 workers comp class codes with filed rates, a maximum weekly benefit of $1,488 (66.67% of average weekly wage), and a statute of limitations of 1 year. Verified 2026-05-08.
Class code rate comparison
The top 0 workers comp class codes filed in North Dakota, sorted from cheapest to most expensive per $100 of payroll. Cross-state percentile shows where each code sits versus the same code in other states.
| State | Occupation | Code | Rate per $100 | vs peers | Source |
|---|
Bottom quartile (cheap) Mid Top quartile (expensive) This state
North Dakota coverage rules & benefits
Coverage threshold
All employers with employees
Max weekly benefit
$1,488 (66.67% of average weekly wage), effective 2024.
TTD weeks
156 weeks of temporary total disability benefits.
Statute of limitations
1 year from injury date to file the claim.
1099 contractor treatment
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. Sole proprietor self-coverage: optional. LLC member self-coverage: optional.
State fund
North Dakota Workforce Safety & Insurance is the state-administered carrier (monopolistic, only carrier in state).
Estimate your premium in North Dakota
Pre-filled to North Dakota. Pick your industry and 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 & compliance in North Dakota
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Step 1, Confirm coverage threshold
All employers with employees
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Step 2, Determine class code
Your premium uses the NCCI class code that best matches your operation. The wrong class code can cost 4-10x more or get reclassified at audit.
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Step 3, Get a quote (or use the state fund)
North Dakota Workforce Safety & Insurance is one option; private carriers like Travelers, Hartford, and Liberty Mutual also write coverage in North Dakota. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Track payroll & 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. Keep certificates of insurance for every sub.
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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.
North Dakota workers comp FAQs
Who has to carry workers compensation insurance in North Dakota?
All employers with employees
What is the maximum weekly workers comp benefit in North Dakota?
The current maximum weekly benefit in North Dakota is $1,488 (effective 2024). Benefits are typically 66.67% of the average weekly wage, capped at the state maximum.
How long do I have to file a workers comp claim in North Dakota?
The statute of limitations for filing a workers compensation claim in North Dakota is 1 year from the date of injury. Notice to the employer is typically required within 30 days.
Are 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.
Can business owners exclude themselves from workers comp coverage in North Dakota?
Yes, North Dakota allows business owners (sole proprietors, partners, LLC members, corporate officers) to exclude themselves from coverage by filing the appropriate election form. Sole-proprietor self-coverage is not required; LLC member self-coverage is not required.
What is the penalty for not carrying workers comp 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.
Am I liable for subcontractors' workers comp in North Dakota?
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.