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Workers' Compensation Summary - North Dakota

Workforce Safety & Insurance (WSI) is the sole provider and administrator of the workers' compensation system in North Dakota. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in North Dakota. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by WSI, and is believed current as of January 2011.

Benefit rates change annually on July 1 of each year. Rates discussed below are in effect from July 1, 2010 through June 30, 2011, unless otherwise noted.

Type of Law and Insurance Requirements

In North Dakota, workers' compensation is compulsory, and no waivers are permitted. There is an exclusive state fund. Employers may not insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Employers may secure coverage voluntarily, even though no statutory provisions are prescribed.

Coverage of Domestic Employees

Employers are permitted to provide voluntary coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $410 (60% of SAWW or employee's actual net wages, if less) and the maximum is $853, 125% of SAWW. The maximum period of payments may not exceed a cumulative total of one hundred four weeks or the date the employee reaches maximum medical improvement or maximum medical recovery, whichever occurs first. There is an additional $15 per week for each dependent child, not to exceed worker's net wage. Benefits are reduced by 50% of Social Security Disability Insurance (SSDI) benefits.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $410 (60% of SAWW or employee's actual net wages, if less, unless the claimant has received PTD payments for more than 10 years) and the maximum is $853, 125% of SAWW. The maximum period of payments is the duration of disability, or until claimant is age 65 and eligible for Social Security retirement benefits. There is an additional $15 per week for each dependent child, not to exceed worker's net wage. Benefits are reduced by 50% of Social Security Disability Insurance (SSDI) benefits.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is not specified. For weekly payments, the amount is $228, 33 1/3% of SAWW. For non-scheduled injuries, the maximum payment period is 1,500 weeks. Benefits are increased by 25% if loss is to master arm or hand. Compensation for TTD and PPD may be paid concurrently.

Disfigurement Benefits

North Dakota law covers disfigurement whose "Effect diminishes the ability of the employee to obtain employment". Benefits have no set figure, but such disfigurement shall be included as a permanent partial disability.

Offset Provisions in State Laws

Section 65-05-08--Offsets partial or total disability benefits of any worker who fails to report wages received from any part-time or full-time employment.

Section 65-05-09.1--(Reverse SSDI Offset). The aggregate benefits payable for temporary total or permanent total disability shall be reduced, but not below zero, by an amount equal as nearly as practical to one-half of the benefits payable under Title II of the Social Security Act (42 U.S.C.423) and will not be affected by any increase or decrease in Federal benefits. Any escalation of temporary or permanent total disability benefits, which would adversely affect the bureau's right to offset workers' compensation benefits against Social Security benefits, shall not be applicable to persons whose benefits are offset, as provided for in this chapter.

Section 65-05-09.2--Retirement Offset. If a claimant is entitled to permanent total disability benefits and Social Security retirement benefits under 42 U.S.C. sections 402 and 405, the aggregate wage-loss benefits payable under this title must be determined in accordance with this section. The employee's Social Security retirement offset must equal 40 percent of the calculated ratio of the employee's average weekly wages, as calculated on the commencement of the first, or recurrent, disability to the current State's average weekly wage. Any offset calculated cannot exceed 40 percent of the employee's weekly Social Security retirement benefit. If a claim has been accepted on an aggravation basis and the worker is eligible for Social Security benefits, the bureau's offset must be proportionally calculated.

Contact Information

Workforce Safety & Insurance
1600 E Century Ave Ste 1
PO Box 5585
Bismarck ND 58506-5585

Phone: (701) 328-3800
Toll-free: 1-800-777-5033
Hearing impaired: (701) 328-3786
Fax: (701) 328-3820

Internet: http://www.workforcesafety.com/

Additional Information

A table of current and historical benefit levels and the SAWW is available online in PDF format (requires Adobe Acrobat Reader) at:
http://www.workforcesafety.com/library/Documents/other/SAWW.pdf

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Some information for this topic was drawn from the WSI website at:
http://www.workforcesafety.com/
http://www.workforcesafety.com/library/Documents/other/SAWW.pdf
http://www.workforcesafety.com/news/press-releases/ExpandedInjuredWorkerBenefits.pdf

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