Federal & State Regulations | Workers’ compensation - North Dakota

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Exclusive state fund.

Exemptions from WC: Agricultural employers are exempt, but may secure coverage voluntarily.

Medical benefits provided: Full.

Physician selection: Employee selects physician.

The organization may at any time require an employee to submit to an independent medical examination by a duly qualified doctor or doctors for the purpose of review of the diagnosis, prognosis, treatment, or fees of the employee. If the organization does not give the treating doctor’s opinion controlling weight, the organization must establish that the treating doctor’s opinion is not well-supported by medically acceptable clinical and laboratory diagnostic techniques or is inconsistent with other substantial evidence.

Benefits for temporary partial disability (TPD): 66 2/3 percent of the difference between the injured employee’s average weekly wages before the injury and the employee’s wage earning capacity after the injury in the same or other employment. Partial disability benefits are subject to a maximum of one hundred twenty-five percent of the average weekly wage in the state. The combined partial disability benefits, dependency allowances, and postinjury wage-earning capacity may not exceed the preinjury weekly wage of the employee after deductions for social security and federal income taxes.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage subject to a minimum of sixty percent and a maximum of one hundred twenty-five percent of the average weekly wage in the state for duration of disability, or until claimant is age 65 and eligible for Social Security retirement benefits. Additional $15 per week for each dependent child, not to exceed worker’s net wage. Benefits are reduced by 50 percent of Social Security disability benefits. The disability benefit or the combined disability benefit and dependency award may not exceed the weekly wage of the employee after deductions for social security and federal income tax.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability, or until claimant is age 65 and eligible for Social Security retirement benefits. Additional $15 per week for each dependent child, not to exceed worker’s net wage. Benefits are reduced by 50 percent of Social Security disability benefits.

Benefits for permanent partial disability (PPD): Compensated at 100 percent of state’s average weekly wage for up to 500 weeks. $497 is maximum amount per week. Compensation for TTD and PPD may be paid concurrently. The disability benefit or the combined disability benefit and dependency award may not exceed the weekly wage of the employee after deductions for social security and federal income tax.

Scheduled awards: Scheduled awards are paid in addition to and concurrently with TTD benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: No set figure, but such disfigurement shall be included as permanent partial disability.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for period of widow/widowerhood; children until 18. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students. Widows receive a $2,500 lump sum and a $400 sum for each dependent child. Total maximum payable is $300,000. Scholarship fund up to $3,000/year for 5 years may be established for spouse and children. If a spouse remarries, a lump sum of 400 weeks’ compensation will be paid.

Maximum burial allowance: $10,000.

Waiting period: 4 days. Compensation is retroactive if disability continues for 5 days from date of injury.

Rehabilitation: State bureau pays vocational rehabilitation (VR) costs for a maximum of 104 weeks. VR allowance includes cost of books, tuition, fees, equipment, tools and supplies. Additional benefits may be awarded for actual relocation expenses, up to two months of benefits for work search, and for catastrophic injury beyond 5 years. Employees must accept physical and vocational rehabilitation or compensation may be suspended. During VR employees receive a rehab allowance not to exceed two years weekly compensation and dependent benefits plus 25 percent, except for a catastrophic injury. Worker also remains eligible for partial disability benefits. Maximum award of $20,000 for relocation/remodeling or for adaptations to real estate.

Attorney fees: An hourly rate ($70-$85) and maximum fees according to level of hearing, ranging from $3,600 to $7,200, may not exceed 20 percent of award, rule, determined by agency.

Occupational hearing loss statutes: Determined as a percentage of whole body impairment.

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