§ 65-09-01 — Liability of uninsured employer for injury to employees

1. 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.