Current through the 2023 Legislative Sessions
Section 65-09-01 - Liability of uninsured employer for injury to employees1. Any employer subject to this title that is uninsured is not protected by the immunity from civil liability granted to employers under this title for injuries to that employer's employees for damages suffered by reason of injuries sustained in the course of employment and to the dependents and legal representatives of an employee whose death results from injuries sustained in the course of employment. The employer is liable for the premiums, reimbursements, penalties, and interest provided for in this title.2. The organization may establish a procedure to determine whether a person is an employer required to obtain workers' compensation coverage under this title and to require a person asserting independent contractor status to file a statement annually with the organization certifying that status. A determination under this section that a person is not required to be insured is effective for no more than one year from the date the person is notified of the determination. The organization retains continuing jurisdiction over determinations made under this section and may reconsider or revoke its decision at any time.Amended by S.L. 2019, ch. 524 (HB 1072),§ 13, eff. 8/1/2019.