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If you are injured at work in Fargo, North Dakota but reside in Minnesota, do not worry, you are still eligible for workers’ compensation benefits.

Generally, workers’ compensation insurance applies in the state where your employer is located and where the work is performed.

Simply put, a North Dakota employer only performing work within the state must carry workers’ comp insurance in North Dakota.

The same is true for Minnesota employers. Your qualification for benefits is typically more a function of where you work as opposed to where you live. 

The geographic landscape of the Fargo–Moorhead area and surrounding communities gives rise to many Minnesota residents working in North Dakota and many North Dakota residents working in Minnesota.

If you are unsure of where and how to apply for workers’ comp benefits, contact our workers’ comp lawyers today. We represent clients living and working in both states.  

Do Minnesota or North Dakota Benefits Apply?

The specific facts and circumstances of your employment and the accident will determine if Minnesota or North Dakota workers’ comp benefits apply.

In determining whether the employee was hired in Minnesota, the courts consider where they were when they accepted the job. 

Suppose a North Dakota employer calls an employee at the employee’s home in Minnesota to advise him of a job opening, and the employee is interviewed and accepts the job in North Dakota.

In that case, they are considered a North Dakota employee, and ND workforce safety governs.

If an employee is hired in Minnesota by a Minnesota company but is injured while temporarily working in North Dakota, Minnesota workers’ comp law generally applies.

Each situation is determined on a case-by-case basis, and the courts will evaluate the relevant facts and circumstances. 

Minnesota Employees Injured in North Dakota

Minnesota’s extraterritorial statute provides Minnesota workers’ comp benefits to an employee who regularly performs their primary employment duties in Minnesota but gets injured while working for that same employer outside of Minnesota. 

Whether a worker regularly performs their primary duties in Minnesota will be determined on a case-by-case basis. The court will consider several factors:

  • Does the employee typically perform their job duties in Minnesota?
  • Are the responsibilities performed considered a regular part of the employer’s business? 
  • Are the tasks performed in Minnesota instrumental to the job?

An experienced workers’ comp attorney can assist you with determining if workman’s comp in ND or MN applies. 

Temporary Out-of-State Employment

Sometimes it is clear an individual is a Minnesota employee, but they are temporarily assigned to work on an out-of-state project. In this case, Minnesota’s temporary out-of-state employment provision may apply.

Suppose a Minnesota employer hires a worker while they are located in Minnesota, but that worker gets injured while temporarily working in North Dakota.

In that case, the employee may still be covered by MN workers comp.

Get in Contact with a Workman’s Comp Attorney Today

As you can see, where you live is not very important when dealing with workers’ comp coverage. Instead, factors surrounding your employment will determine your eligibility. 

In other words, if you live in Minnesota but are injured while working in North Dakota, you must look at your employment circumstances to determine where your worker’s comp protections lie.

If you are still trying to figure out what to look for or where to start, contact the workers’ comp lawyers at Arechigo & Stokka.

We’ve been helping individuals injured at work in the Fargo-Moorhead metropolitan area for over a decade. Call us at (651) 504-0034 to schedule a consultation.

Author Photo Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice on defending injured workers in Minnesota.

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