North Dakota Workers' Compensation Guide — Benefits, Claims & Rights
Workers' compensation coverage, benefits, filing deadlines, and dispute resolution in North Dakota.
Workers' compensation is a no-fault system — you do not have to prove your employer was negligent to receive benefits. But the process still requires specific steps in a specific order: reporting the injury, filing a formal claim, and getting treatment through authorized providers. If the insurer disputes your claim, the process shifts to hearings and appeals. Acting quickly matters, because most states impose strict deadlines for reporting and filing.
Who Is Covered?
North Dakota requires workers' compensation insurance for all employers, with limited statutory exceptions (e.g., agricultural or domestic service); monopolistic state fund — all coverage through wsi §65-01-05; §65-01-02. The Exclusive remedy doctrine means that in most cases, workers' comp is your sole remedy against your employer for workplace injuries §65-01-01.
Key Deadlines
Benefit Overview
Workers' compensation in North Dakota provides several categories of benefits:
| Description | |
|---|---|
| Temporary Total Disability (TTD) | 66.67% of gross average weekly wage, subject to statutory minimum and maximum; Cumulative total of 104 weeks, or the date of maximum medical improvement or maximum medical recovery, whichever occurs first §65-05-09; §65-01-02 |
| Permanent Partial Disability (PPD) | Yes, permanent partial impairment benefits based on AMA Guides ratings §65-05-12.2 |
| Death Benefits | 66.67% of average weekly wage to dependents; burial expenses up to $10,000 |
| Medical Treatment | All reasonable and necessary medical care related to the work injury |
Medical Treatment
Employee may generally select a provider for initial treatment, subject to WSI rules; however, if the employer has selected a preferred provider, treatment during the first 30 days after injury must be with that provider (or on its referral) unless it is emergency care, care the employee reasonably did not know was work-related, or the employee notified the employer in writing before the injury of a different provider. Changing providers generally requires WSI approval; confirm with a lawyer or WSI §65-05-28; §65-05-28.2. All reasonable and necessary medical treatment causally related to the workplace injury must be covered by the employer or insurer.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- All employers, with limited statutory exceptions (e.g., agricultural or domestic service); monopolistic state fund — all coverage through WSI
- All employers, with limited statutory exceptions (e.g., agricultural or domestic service); monopolistic state fund — all coverage through WSI
- 66.67% of gross average weekly wage, subject to statutory minimum and maximum
- Cumulative total of 104 weeks, or the date of maximum medical improvement or maximum medical recovery, whichever occurs first
- Immediately; absent good cause, no later than 7 days after the accident or after the general nature of the injury became apparent
- 1 year from date of injury or discovery of occupational disease