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North Dakota Workers Compensation - Employee Benefits

Workers compensation employee benefit information for the State of North Dakota

North Dakota Workers Compensation Medical Benefits -

  • On an accepted claim, North Dakota Workforce Safety & Insurance pays for reasonable and necessary work-related medical care and prescriptions in accordance with fee schedule limitations and administrative rule guidelines.

Who Chooses the Physician for Injured Workers in North Dakota -

  • All employers in North Dakota have the option of selecting a Designated Medical Provider (DMP) or group of physicians to provide medical treatment to workers who sustain work-related injuries.
  • Injured workers are required to see the company’s designated medical provider UNLESS they have previously informed their employer of a different provider BEFORE an injury occurred.
  • If you do not see your designated medical provider, or the one chosen before being injured, it may result in nonpayment of benefits.

North Dakota Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • If your disability is total, but only temporary, and your doctor has taken you off work for five or more calendar days in a row, you will be paid a TTD wage replacement benefit.
    • An Injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is 60% of the North Dakota state average weekly wage, $376, or the employees actual wage if it is less.
    • The weekly maximum is $689, 110% of the injured workers actual average weekly wage.
    • Maximum period of payments is the length of disability until the injured North Dakota worker has attained the age of 65 and is eligible for Social Security.
    • An additional $10 per week is paid for each dependent child up to the workers original net wage.
    • Benefits are offset by Social Security Benefit payments.

  • Permanent Total Disability (PTD) Benefits:
    • An Injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is 60% of the North Dakota state average weekly wage, $376, or the employees actual wage if it is less.
    • The weekly maximum is $689, 110% of the injured workers actual average weekly wage.
    • Maximum period of payments is the length of disability until the injured North Dakota worker has attained the age of 65 and is eligible for Social Security.
    • An additional $10 per week is paid for each dependent child up to the workers original net wage.
    • Benefits are offset by Social Security Benefit payments.
    • Note:
      • If your wages are reduced because of a physical limitation related to your injury, you will be paid a TPD wage replacement benefit. TPD benefits end when your wages return to at least 90% of your gross weekly preinjury wages. Benefits can only be paid up to 5 years for those suffering a loss of earnings capacity after July 1, 1991.

    • Permanent Partial Disability (PPD) Benefits:
      • There is no specified percentage of an injured North Dakota worker's wage paid.
      • The weekly payment amount is 33 1/3% of the North Dakota state average weekly wage, $209.
      • The weekly maximum is $689, 110% of the injured workers actual average weekly wage.
      • Maximum period of payments is the length of disability until the injured North Dakota worker has attained the age of 65 and is eligible for Social Security.
      • Benefits may be paid along with PPD and TTD.
      • Note:
        • Non-scheduled injuries have a maximum period of payments of 1500 weeks.
        • Benefits are increased 25% if disability is loss of primary arm or hand.
        • Permanent Partial Impairment (PPI) Benefits may apply. This benefit is for workers who suffer permanent physical loss of a body part or function because of a compensable work-related injury. You can receive both a PPI award and a wage-replacement benefit, assuming you meet the criteria used to determine PPI eligibility. You will be eligible for a PPI assessment once you reach maximum medical improvement. PPI benefits are awarded only if your full-body impairment meets or exceeds the statutory minimum impairment


North Dakota Workers Death/Dependency Benefits -

  • WSI pays death benefits to the survivors of workers killed in work-related accidents. Benefits are paid to the eligible spouse or the dependents of the deceased worker at a rate of 66 2/3 of a deceased worker's weekly wage, up to 110% of the state's average weekly wage. They may also be paid up to $10 each week for each dependent child.
  • Additionally, the surviving spouse receives a one-time death benefit of $1,200, plus $400 for each dependent child. There are also scholarships available for some dependents. Total benefits may not exceed $250,000 over the lifetime of a claim. WSI pays all medical bills directly related to the compensable injury and death of a worker, including up to $6,500 for funeral expenses.


North Dakota workers Compensation Attorney Fees -

  • A worker is not required to seek assistance from North Dakota Office of Independent Review, OIR. However, attorney fees will only be paid by WSI, up to the caps provided in the North Dakota Administrative Code, if the worker first seeks OIR's assistance and subsequently prevails on further appeal of an order.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://www.workforcesafety.com/workers/onlineservices.asp



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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