# Title 65 — Workforce Safety and Insurance

## Chapter 65-09 — Proceedings by Injured Employee Against Uninsured Employer

### § 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.
### § 65-09-02. Application for compensation - Common-law defenses not available - Fund

subrogated to recovery - Hearing - Time for filing.
An employee whose employer is in violation of section 65-04-33, who has been injured in
the course of employment, or the employee's dependents or legal representatives in case death
has ensued, may file an application with the organization for an award of compensation under
this title and in addition may maintain a civil action against the employer for damages resulting
from the injury or death. In the action, the employer may not assert the common-law defenses
of:
1. The fellow servant rule.
2. Assumption of risk.
3. Contributory negligence.
The organization is subrogated to the recovery made in the action against the uninsured
employer. The subrogation interest is determined according to section 65-01-09, with the
uninsured employer being the person other than the fund with a legal liability to pay damages
with respect to the employee's injury or death. An injured employee, or the dependents of an
employee who died as a result of a work-related accident, shall file the original claim for
compensation within one year after the injury or within two years after the death. The
organization shall notify the claimant and the employer that the matter is being processed under
this chapter, and subsequently shall hear and determine the application for compensation as it
would for other claims before the organization. A determination by the organization that a person
is not an employer required to obtain workforce safety and insurance coverage under this title is
a defense to any claim that the person failed to obtain coverage for the time period during which
the determination is effective.
### § 65-09-03. Award - Payroll reports - Notice - Premium - Judgment.

Repealed by S.L. 2001, ch. 578, § 17.
### § 65-09-04. Premiums and penalties to be paid by employer.

Repealed by S.L. 2001, ch. 578, § 17.
