Workers Compensation Laws in North Dakota

Worker's compensation is mandatory in North Dakota, and no waivers are allowed for small businesses with only a few employees. The state fund in North Dakota is exclusive—employers are not allowed to insure through groups of employers or private carriers. Nor are they allowed to self-insure.

Agricultural employers and those who employ other domestic workers are not required by statute to purchase worker's compensation insurance for these employees, though they may provide voluntary coverage.

Benefits and Rates

There is no time or monetary limit on medical benefits. Full benefits are provided for the duration of the employee's treatment. The employee may choose his or her own care provider, unless the employer is enrolled in North Dakota's Worker's Compensation Risk Management Program. If that's the case, the employer may choose the employee's care providers.

For permanent total disability and temporary total disability, the percentage of the worker's wage that will be paid is sixty-six and two-thirds percent. For permanent partial disability no percentage is specified, but the weekly payment is $209, and may continue for up to 1,500 weeks. If the loss is to the employee's primary use hand or arm, benefits are increased by 25%. And benefits for temporary total disability and permanent partial disability may be drawn at the same time.

The minimum weekly payment for temporary total disability and permanent total disability is $376 and the maximum payment is $689. The payments last the duration of the disability, or until the employee is 65 years old and eligible for Social Security benefits.

An extra $10 per week is paid for each dependent child, with the total of all benefits not to exceed the employee's net wage. For employee's also drawing SSDI (Social Security Disability Insurance) benefits, the worker's compensation benefits will be reduced by 50%.

Other Benefits

An employee who becomes disfigured, whose disfigurement is deemed such that it will diminish the ability of the employee to gain further employment, is eligible for benefits, though those would be included as a permanent partial disability.

Attorney fees may be added to a worker's compensation reward, depending on the circumstances. When they are, the benefit is based on an hourly rate of $100, with the total fee not to exceed 20%

Death benefits are available to be paid to the spouse or spouse and children. A minimum benefit, including a burial allowance, is paid regardless of the employee's wages.

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