65-08 Extraterritorial Application
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<![CDATA[CHAPTER 65-08EXTRATERRITORIAL APPLICATION65-08-01. Extraterritorial coverage - When and how furnished.1.An employee who suffers an injury while working outside this state, on account of<br>which the employee or the employee's dependents would have been entitled to<br>workforce safety and insurance benefits provided by this title had such injury<br>occurred within this state, is entitled to benefits, or that employee's dependents in<br>the event of the employee's death are entitled to benefits if at the time of injury:a.The employment is principally localized in this state, as determined by the<br>following:(1)The employer has a place of business in this state;(2)The employee regularly works at or from that place of business;(3)The employment contract is entered in this state; and(4)In the case of an employee leasing company, the company retains<br>control over the employee and does not lease the employee to an<br>out-of-state employer;b.The employee is working under a contract of hire, made in this state in<br>employment not principally localized in any state, if:(1)The employer has a place of business in this state;(2)The employment contract is entered in this state; and(3)In the case of over-the-road trucking, the employer retains control over<br>the driver, dispatches employees from this state, and does not lease the<br>driver to out-of-state employers; but trip leasing does not end coverage;c.The employee is working under a contract of hire made in this state in<br>employment principally localized in another state and that state's workforce<br>safety and insurance law is not applicable to the employer, as provided by a<br>reciprocal agreement;d.The employee is working under a contract of hire made in this state for<br>employment outside the United States and the workforce safety and insurance<br>law of that other jurisdiction is not applicable to the employer; ore.The employee is a resident of another state, and is hired by a North Dakota<br>employer or that employer's authorized agent for temporary employment, the<br>situs of which is located in another state, and the temporary employment is<br>necessary to the principal employment of the North Dakota employer, provided<br>that the other state recognizes the coverage under this title as the sole remedy<br>of the employee against the employer for the injury or death.2.The payment or award of benefits under the workforce safety and insurance law of<br>another state, territory, province, or foreign nation to an employee or the employee's<br>dependents otherwise entitled on account of the injury or death to workforce safety<br>and insurance benefits of this state bars a claim for benefits under this title.3.An employment relationship that is principally localized outside of this state is<br>exempt from this title while the employee is temporarily within this state unless the<br>workforce safety and insurance law of the state in which the employment isPage No. 1principally localized provides that the workforce safety and insurance remedy in this<br>state is the exclusive remedy for the employee or the dependents of an employee<br>who died as the result of an injury in this state.4.An employer whose employment results in significant contacts with this state shall<br>acquire workforce safety and insurance coverage in this state unless a reciprocal<br>agreement between the states is entered which provides that the other state will<br>likewise recognize that an employment relationship entered into in this state is<br>exempted from the application of the workers' compensation insurance law of the<br>other state. An employment has significant contacts with this state when:a.Any employee earns or would have been expected to earn twenty-five percent<br>or more of the employee's gross annual wage or income from that employer<br>from services rendered in this state; orb.Twenty-five percent of the employer's gross annual payroll is payable to<br>employees for services rendered in this state.Under this subsection, an employee injured in this state may elect to file a claim in<br>this state notwithstanding that the employee had another remedy in the state in<br>which the employment was principally localized. A claim filed under this subsection<br>is subject to section 65-05-05. The time limits within which the organization shall<br>issue a decision on a claim, as specified in sections 65-01-16 and 65-02-08, do not<br>begin to run for claims filed under this section until the first date the organization<br>may begin to process the claim as set forth in section 65-05-05.5.An employer who opens an employer account with the organization under this<br>section is obligated to report all wages paid in this state, regardless of whether the<br>significant contacts factors set forth in subsection 4 have been met.65-08-02. Reciprocity in extraterritorial application of compensation acts of variousstates provided. Repealed by S.L. 1991, ch. 718, </p>
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