North Dakota Workers' Compensation: Fast Facts

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Coverage Requirements Under North Dakota State Law

Most North Dakota businesses must have workers' compensation insurance, with limited exceptions. State law requires this insurance for all part-time, full-time, seasonal, and temporary employees before they start working. See which North Dakota employees are usually exempt from this coverage requirement below.

Work-Related Injury or Illness Reporting Requirements

If you have a life-threatening injury or illness, head to the closest hospital or emergency room first. Otherwise, it's best notify your employer about your injury before you seek medical care. Your employer then has 24 hours after you report your incident to notify North Dakota's Workforce Safety & Insurance (WSI). If your employer fails to notify within 7 days, you can file it directly without your supervisor's signature.

Where to Seek Medical Care

If your injury or illness isn't life-threatening, ask your employer for a list of Designated Medical Providers (DMP). You must see a doctor on this list unless your employer doesn't have a DMP to share with you. In such cases, you're free to see any healthcare provider you choose for medical care after your accident. Seeing your own doctor before you check with your employer first may result in your workers' comp claim's denial.

Waiting Period for Lost-Wage Benefits in North Dakota

Your first 4 days off are always unpaid after you report a work-related injury or illness. On your 5th missed day of work, you'll receive wage-loss benefits for those first 4 unpaid days off. If you don't need at least 4 days off, then North Dakota workers' compensation only covers your medical expenses.

North Dakota Workers' Compensation Statute of Limitations

You have one year from your work injury or illness diagnosis date to apply for North Dakota workers' compensation benefits.

North Dakota Weekly Compensation Rate

You can receive 2/3 of your pre-injury gross average weekly wage, subject to North Dakota's maximum and minimum benefit amounts. In addition, you'll get $15 per week for every dependent child you currently financially support.

How Long You Can Receive North Dakota Workers' Comp Benefits

  • Medical benefits: unlimited
  • Death benefits: up to $10,000 for funeral and burial expenses; survivors may receive a maximum of $300,000 in total combined benefits on a deceased worker's behalf
  • Temporary Total Disability (TTD): until you return to at least light-duty work, or reach maximum medical improvement
  • Permanent Partial Disability (PPD): lump-sum award after reaching maximum medical improvement calculated as 35% of the state's AWW multiplied by a permanent impairment multiplier listed in the state's laws
  • Temporary Partial Disability (TPD): up to 5 years from your injury date, or until your pay reaches 90% of your pre-injury earnings
  • Permanent Total Disability (PTD): if you can never work again due to total disability, the WSI may award you compensation based on your injury type, degree of disability, education, work history, wage-earning abilities, and vocational rehab potential

North Dakota Workers' Comp Coverage Exemptions

The following employees are automatically exempt from North Dakota workers' compensation coverage requirements:

  • Business owners, their spouses, and children younger than 22 (if they all work together)
  • Casual employees
  • Certain licensed real estate brokers and salespeople
  • Corporate officers
  • Farm and ranch laborers
  • Federal employees, including railroad workers
  • Independent contractors
  • Newspaper delivery carriers
  • Sole proprietors
  • Volunteers

North Dakota Workers' Compensation Attorney Fees

All North Dakota workers' compensation attorneys work on contingency. This means you only pay legal fees for successful claims. If you don't win, then you owe your attorney $0. Depending on how and when you resolve your claim, an attorney may charge anywhere from $185 per hour up to 20% of the final settlement award.