North Dakota workers’ comp and subcontractor insurance requirements
What general contractors, property managers and other businesses hiring subcontractors in North Dakota need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.
North Dakota at a glance
| Who must carry workers’ comp | Employers with 1 or more employees. |
|---|---|
| Where coverage comes from | State fund only (monopolistic state), or approved self-insurance |
| Regulator | North Dakota Workforce Safety & Insurance (WSI) |
Are you liable for an uninsured sub in North Dakota?
Many states make a hiring contractor responsible for an uninsured subcontractor’s injured workers. Ask the North Dakota Workforce Safety & Insurance (WSI) or an attorney how that works in North Dakota.
Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.
North Dakota-specific things to know
- Workers’ comp is sold only by WSI, the state fund. A private policy on an ACORD 25 doesn’t cover North Dakota work. Ask for WSI proof of coverage.
- WSI doesn’t include employers’ liability. Subs buy it separately as “stop gap” coverage, often by endorsement to their GL.
What to collect from subcontractors in North Dakota
- A certificate of insurance, usually an ACORD 25, for GL, auto and umbrella, plus state fund proof of workers’ comp.
- Exemption paperwork for sole proprietors or officers who claim they don’t need workers’ comp under North Dakota rules.
- Additional insured and waiver of subrogation endorsements for higher-risk trades. See waiver of subrogation on workers’ comp.
- A renewal certificate before each policy expires. See COI expiration.
Common contract minimums
These aren’t set by North Dakota law. They’re typical subcontract requirements that you can adjust by trade and project size.
| Coverage | Typical minimum |
|---|---|
| General liability | $1M each occurrence / $2M aggregate, additional insured, primary and non-contributory |
| Auto liability | $1M combined single limit |
| Umbrella / excess | $1M–$5M+, by trade risk and project size |
| Workers’ comp / employers’ liability | Statutory / $500K–$1M each, waiver of subrogation |
Generate requirements by trade with the subcontractor insurance requirements generator.
Frequently asked questions
Is workers’ comp required in North Dakota?
Employers with 1 or more employees. Confirm details with the North Dakota Workforce Safety & Insurance (WSI).
Is a general contractor liable for an uninsured subcontractor in North Dakota?
Many states make a hiring contractor responsible for an uninsured sub’s injured workers, and your workers’ comp auditor may also charge you for that sub’s payroll. Ask the North Dakota Workforce Safety & Insurance (WSI) or an attorney how North Dakota handles it.
What insurance should I require from subcontractors in North Dakota?
State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.
Can a private insurer cover workers’ comp in North Dakota?
No. North Dakota is a monopolistic state, so workers’ comp comes from the state fund (or approved self-insurance). Ask subs for state fund proof of coverage, and for separate “stop gap” employers’ liability.
General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the North Dakota Workforce Safety & Insurance (WSI) or a licensed professional.
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