If you’ve been injured on the job in North Dakota, you may be entitled to workers’ compensation. This no-fault insurance system provides wage replacement, medical care, and other support to employees hurt while performing their job duties. North Dakota handles workers’ compensation differently from many other states. It operates a state-run monopoly system through the North Dakota Workforce Safety & Insurance (WSI) agency, which is the sole provider of coverage.
This guide offers an overview of workers’ compensation laws in North Dakota and what injured workers need to know.
Who Is Covered Under Workers’ Compensation?
In North Dakota, almost all employers are required to purchase workers’ compensation coverage through WSI. If you are employed in the state, chances are you are covered, including:
- Full-time, part-time, and seasonal workers
- Minors
- Temporary employees
- Agricultural workers (with exceptions)
- Undocumented workers
The law does not cover:
- Independent contractors
- Certain volunteers
- Some domestic or casual workers
- Sole proprietors (unless they opt in)
If you’re unsure about your coverage, you can check with your employer or contact WSI directly.
What Types of Injuries Are Covered?
North Dakota workers’ compensation covers injuries and illnesses that arise out of and in the course of employment. This includes:
- Physical injuries (slips, falls, machinery accidents)
- Repetitive motion injuries (like carpal tunnel)
- Occupational illnesses (lung disease, hearing loss, exposure to chemicals)
You must prove that the condition was directly caused by work activities or the work environment. Workers’ comp does not cover injuries that:
- Happen during personal activities
- Are caused by substance abuse or intoxication
- Result from horseplay or intentional self-harm
- Occur while commuting to and from work (unless under certain exceptions)
Steps to File a Claim in North Dakota
If you’re injured on the job, time matters. Here’s what to do:
- Report the injury immediately to your employer. North Dakota law requires workers to notify their employer within 7 days of an injury or discovery of an occupational disease.
- Seek medical treatment. Let the doctor know the injury is work-related.
- File a claim with WSI. You must complete a First Report of Injury (FROI) and submit it to Workforce Safety & Insurance within 30 days of the injury. Claims filed after one year from the injury date may be denied.
You can submit your claim online, by fax, or by mail.
Benefits Available Through North Dakota WSI
Medical Benefits
WSI will pay for reasonable and necessary medical treatment, including:
- Doctor visits
- Hospital care
- Prescriptions
- Physical therapy
- Surgery
- Medical equipment
- Mileage for medical travel (if over 10 miles)
You must treat with a WSP-credentialed provider unless you request approval to change physicians.
Wage Loss Benefits
If your injury keeps you from working, you may be eligible for wage loss compensation:
- Temporary Total Disability (TTD): If you’re completely unable to work, WSI pays 2/3 of your gross weekly wage, subject to state-set limits.
- Temporary Partial Disability (TPD): If you can return to work but earn less, you may be compensated for the difference.
- Permanent Partial Impairment (PPI): If your injury results in a permanent loss of function, a lump-sum payment may be awarded based on a medical impairment rating.
- Permanent Total Disability (PTD): If you can never return to work, you may receive benefits for life.
Vocational Rehabilitation
If you cannot return to your prior job, WSI may provide services such as:
- Job retraining
- Resume and job placement help
- Educational programs
Participation in vocational rehab is required to continue receiving certain benefits.
Death Benefits
If a work-related injury leads to death, WSI provides:
- Funeral expense coverage (up to a state-set limit)
- Weekly wage replacement to surviving dependents
- Lump-sum benefits to dependent children
- Educational assistance for surviving spouses
Returning to Work
WSI encourages injured workers to return to work as soon as medically appropriate. You may be offered:
- Modified duty
- Transitional work
- Light-duty assignments
If your employer cannot accommodate your restrictions, WSI may coordinate job placement through its rehabilitation programs.
Failing to accept suitable employment may result in a reduction or loss of benefits.
Disputes and Appeals
If WSI denies your claim or terminates your benefits, you have the right to appeal. The steps include:
- Requesting reconsideration from WSI
- Requesting a formal hearing before an administrative law judge (ALJ)
- Appealing the ALJ’s decision to the state district court
You have 30 days from a WSI decision to request a hearing. Having legal representation during appeals is recommended.
Deadlines and Statute of Limitations
Timing is critical under North Dakota law:
- Report injuries within 7 days
- File claims within 30 days
- Maximum filing limit is 1 year from the date of injury
Missing these deadlines may result in denial of your claim.
Legal Help for Injured Workers
Although the WSI system is designed to provide benefits without the need for litigation, disputes do happen—especially around issues like:
- Denied claims
- Impairment ratings
- Wage calculations
- Loss of benefits
- Treatment delays or denials
A workers’ compensation lawyer can help you:
- Ensure your claim is filed properly
- Advocate for fair benefits
- Represent you in hearings or appeals
- Deal with disputes and paperwork
Many attorneys offer free consultations and work on contingency, meaning they only get paid if you receive compensation.
Final Thoughts
A workplace injury can put your entire life on hold—but workers’ compensation laws in North Dakota are here to help. By following the correct steps and timelines, you can access medical care, wage replacement, and the support you need to get back on your feet. If the process becomes difficult or confusing, legal and medical professionals are available to help you protect your rights and move forward after an injury.