North Dakota Workers' Compensation Laws: Benefits, Deadlines, and Your Rights

North Dakota requires workers' compensation coverage for most employers, and the state operates as a monopolistic fund. That means all coverage flows exclusively through Workforce Safety and Insurance (WSI), the state agency. There are no private insurers. Injured workers trade the right to sue their employer for guaranteed no-fault medical and wage-replacement benefits.

Is workers' comp required in North Dakota?

North Dakota's coverage mandate runs to what Title 65 calls hazardous employment, which N.D.C.C. 65-01-02(21) defines as any employment in which one or more employees are employed regularly in the same business or in or about the establishment. In practice that reaches nearly every North Dakota business with even one regular employee, and it extends to full-time, part-time, and seasonal workers as well as out-of-state employers whose employees work in North Dakota.

The definition carries four categorical exclusions, and they matter. Agricultural and domestic service, employment of a common carrier by railroad, certain short-haul transportation by nonresidents, and members of the clergy and employees of religious organizations engaged in the operation, maintenance, and conduct of the place of worship all fall outside the mandate. The agricultural exclusion is the significant one in this state: farm and ranch employment is not automatically covered. Section 65-01-17 adds a narrow carve-back, under which an agricultural employer running a custom agricultural operation (the planting, care, or harvesting of grain or field crops on a contract-for-hire basis) keeps the exemption unless the operation is based outside North Dakota or requires more than thirty actual working days of operation during the calendar year.

An employer whose work is not hazardous employment can still come under the fund voluntarily. N.D.C.C. 65-04-29 lets an employer carrying on nonhazardous employment pay premiums into the fund, which brings its workers under WSI coverage and gives the employer the same protection from damages suits. So if you work on a farm or in domestic service, the practical question is not whether the law compels coverage but whether your employer elected it. Ask, and confirm with WSI.

What makes North Dakota different from most states is that it is one of only four monopolistic states in the country. Private insurers are not permitted to write workers' compensation policies. Every covered employer must purchase coverage directly from WSI, the state's exclusive fund. WSI is a state agency, not a commercial carrier. Employers cannot self-insure as an alternative to WSI.

Failure to maintain WSI coverage exposes an employer to serious consequences, including personal liability for claim costs, civil penalties, and potential criminal charges. WSI has broad authority to audit employer payrolls and enforce coverage requirements across the state.

Benefits you can receive

WSI covers 100 percent of necessary and reasonable medical expenses from the date of injury, including hospital care, surgery, prescriptions, physical therapy, and medical equipment. There are no copays or deductibles for injured workers.

Wage-loss benefits turn on a five-day threshold, not a five-day deductible. Under N.D.C.C. 65-05-08, benefits may not be paid for a disability lasting less than five consecutive calendar days, but if the period of disability is five consecutive calendar days or longer, benefits must be paid for the period of disability. That includes the first five days. You do not permanently forfeit the first week of wage loss once you cross the threshold.

If your disability crosses that threshold, WSI pays temporary total disability (TTD) at 66 2/3% of your gross average weekly wage. The floor and ceiling on that figure are set by statute rather than by WSI's discretion: N.D.C.C. 65-05-09(1) makes the weekly benefit subject to a minimum of sixty percent and a maximum of one hundred twenty-five percent of the average weekly wage in the state, so both bounds move with the statewide average wage. The 60% minimum is the provision that matters most to a lower-wage worker. A separate limit in 65-05-09(3) caps the disability benefit, or the combined disability benefit and dependency award, at your own weekly wage after deductions for social security and federal income tax. Because the statewide average weekly wage is recalculated on a regular cycle, confirm the current dollar figures with WSI at the time of your claim.

North Dakota's benefit structure covers the full spectrum of disability categories. Temporary partial disability (TPD) applies when you can return to lighter-duty work at reduced earnings. Permanent partial disability (PPD) is calculated by schedule for specific body-part impairments and by impairment rating for whole-body injuries. Permanent total disability (PTD) provides ongoing wage replacement for workers who can never return to any gainful employment. Death benefits are available to eligible dependents of workers who die from a compensable injury, including burial expenses and ongoing survivor payments. Vocational rehabilitation assistance is also available when an injury prevents you from returning to your former occupation.

Our North Dakota workers' comp benefits calculator can turn your wage and impairment rating into a rough estimate of a permanent partial disability award.

Deadlines: reporting your injury and filing a claim

Two separate clocks run on every North Dakota workers' comp claim, and missing either one can end your rights. Both are hard numbers in the statute.

First, notify your employer. N.D.C.C. 65-05-01.2 requires you to take steps immediately to tell your employer that the accident occurred and the general nature of your injury, and it sets an outer limit: absent good cause, notice may not be given later than seven days after the accident occurred or the general nature of the injury became apparent. Notice may be oral or written and must go to your immediate supervisor or another supervisor authorized to receive it, but put it in writing and keep a copy if you can. If you fail to notify, 65-05-01.3 lets WSI weigh that failure in deciding whether your injury is compensable. Your employer then has its own seven-day deadline under 65-05-01.4 to file a First Report of Injury with WSI. Do not assume that was done; contact WSI directly to confirm your claim is open.

Second, file your claim with WSI. N.D.C.C. 65-05-01 sets an explicit filing deadline: all original claims for benefits must be filed within one year after the injury, or within two years after the death. The statute is blunt that benefits may not be allowed unless a written claim is filed within that time. For this deadline the date of injury is the first date a reasonable person knew or should have known that the employee suffered a work-related injury and had either lost wages because of a resulting disability or received medical treatment, which is what gives occupational disease and repetitive-trauma claims a later start date than the first day of exposure.

Do not confuse that one-year filing deadline with a different rule that applies after a claim is already on file. Under N.D.C.C. 65-05-35, a claim is presumed closed if WSI has paid no benefit on it for four years, and reopening it requires clear and convincing evidence that the work injury is the primary cause of your current symptoms. That four-year rule governs dormant claims. It does not extend the one-year window for filing in the first place.

Choosing your doctor

Who chooses your doctor in North Dakota depends on one thing: whether your employer elected to set up a preferred provider. WSI does not assign you a physician.

Under N.D.C.C. 65-05-28.1, any employer subject to Title 65 may select a preferred provider to render medical treatment to employees who sustain compensable injuries. That is the employer's option, not a requirement and not a WSI assignment. If your employer selected no preferred provider, you choose your own treating provider from the day of injury.

If your employer did select one, the restriction is time-limited. Section 65-05-28.2(1) requires you to seek treatment only from the preferred provider during the first thirty days after the work injury, and treatment by another provider in that window is generally not compensable unless the preferred provider made the referral. Two exceptions apply from the start: the restriction does not reach emergency care, and it does not reach any care you reasonably did not know was related to a work injury.

There are three ways out from under the restriction. First, you may elect a different provider in advance, by making the election and notifying your employer in writing before an injury occurs (65-05-28.2(2)). Second, after thirty days have passed, you may make a written request to WSI to change providers under 65-05-28.2(3), served on your employer and WSI at least thirty days before treatment by the new provider and stating your reasons and your choice. Your employer then has five days to object, you have five days to respond, and WSI has fifteen days to rule, with failure to rule counting as approval. Until WSI approves, the preferred provider remains your treating provider.

Third, and least well known, the employer's selection can be void altogether. An employer that selects a preferred provider must give written notice of the program at hire, when it first selects a provider, when it changes providers, and at least annually, and must post notice conspicuously at worksites. Under 65-05-28.2(5)(c), failure to give written notice, to properly post notice, or to reasonably inform employees of the program's terms invalidates the selection for that employee's claim. If you were never told, the thirty-day restriction does not bind you.

Can you sue your employer? The exclusive-remedy rule

Workers' compensation is the exclusive remedy against an insured employer for a work-related injury in North Dakota. The no-fault bargain means a covered employer is protected from civil lawsuits even if the injury resulted from the employer's negligence. You receive guaranteed benefits; the employer receives immunity from tort liability. This rule is embedded in N.D.C.C. Title 65.

Three exceptions apply. First, if your employer committed an intentional act done with the conscious purpose of inflicting the injury, the exclusive-remedy bar does not apply. N.D.C.C. 65-01-01.1 frames this as the sole exception to employer immunity apart from chapter 65-09, and courts interpret it narrowly. Second, if a third party (someone other than your employer or a co-worker acting in the course of employment) caused or contributed to your injury, you may bring a separate civil lawsuit against that third party. Common examples include a negligent driver who struck you while you were working, or a defective product manufactured by a third-party company.

Third, an uninsured employer loses its immunity entirely, and North Dakota is unusually generous here. Chapter 65-09 of the Century Code is devoted to proceedings by an injured employee against an uninsured employer. Section 65-09-01(1) provides that an employer subject to Title 65 that is uninsured is not protected by the immunity from civil liability granted to employers under this title. Section 65-09-02 then lets an employee whose employer violated the coverage requirement in 65-04-33 file an application with WSI for compensation and, in addition, maintain a civil action against the employer for damages. In that lawsuit the employer may not assert the common-law defenses of the fellow servant rule, assumption of risk, or contributory negligence. WSI is subrogated to what you recover, and the same one-year (or two-year for a death) filing deadline applies to the compensation claim. Benefits plus a tort suit with the common-law defenses stripped away is one of the more claimant-favorable uninsured-employer regimes in the country.

That is a different situation from a denied claim. If your employer is insured and WSI denies your claim, the remedy is administrative appeal through WSI and then the courts, not a tort suit against the employer.

One additional point specific to North Dakota: because WSI is a state agency and not a private insurer, the administrative appeals process runs through WSI's own hearing structure and then to the North Dakota court system. An attorney experienced with WSI procedures can be critical when challenging a denial.

If you were hurt at work in North Dakota

The steps after a work injury in North Dakota are straightforward, but each one matters.

Report your injury to your employer the same day it happens, or as soon as you are physically able, and in no event later than seven days after the accident absent good cause. Put the notice in writing if you can, and keep a copy. Your employer should file a First Report with WSI within 7 days, but do not assume this has been done. Follow up directly with WSI to confirm your claim is open. Then file your own written claim with WSI, and do it well inside the one-year deadline.

Seek medical care right away. If your injury is an emergency, go to the nearest emergency room and notify WSI as soon as possible afterward; the preferred-provider restriction never applies to emergency care. For non-emergency injuries, find out whether your employer has selected a preferred provider. If it has, treat with that provider for the first thirty days unless you filed a pre-injury election or the employer never gave you the required notice. If it has not, you are free to choose your own doctor.

Keep a detailed record of your injury, your symptoms, every medical visit, any work restrictions your doctor imposes, and all time missed from work. Keep copies of every document WSI sends you. These records are essential if WSI disputes any part of your claim.

If WSI denies your claim or disputes a benefit, you have the right to an administrative hearing. The hearing process is formal, and WSI has professional staff presenting its side. To even that out, ask a North Dakota workers' comp lawyer for a free case evaluation before the hearing (attorney advertising). Most workers' comp attorneys in North Dakota work on contingency, meaning you pay nothing out of pocket unless you recover benefits.

This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in North Dakota.

Related

• Workers' Compensation Laws by State: The Complete Guide

More North Dakota Laws

• North Dakota At-Will Employment Laws
• North Dakota Car Accident Laws
• North Dakota Final Paycheck Laws
• North Dakota Slip and Fall Laws
• North Dakota Statute of Limitations

Frequently Asked Questions

Is workers' comp required in North Dakota?

For most employers, yes. The mandate in N.D.C.C. Title 65 covers hazardous employment, defined as any employment with one or more employees employed regularly in the same business, which reaches nearly every North Dakota business with a regular employee. Title 65 excludes agricultural and domestic service, railroad employment, certain short-haul nonresident transportation, and clergy and place-of-worship staff. Covered employers must buy coverage from Workforce Safety and Insurance (WSI); private insurers cannot write workers' comp policies in North Dakota.

Are farm and ranch workers covered by workers' comp in North Dakota?

Not automatically. Agricultural service is excluded from the definition of hazardous employment in N.D.C.C. 65-01-02, so farm and ranch employers are generally not required to carry WSI coverage. An agricultural employer running a custom agricultural operation loses the exemption only if the operation is based outside North Dakota or runs more than thirty actual working days in a calendar year (65-01-17). An exempt employer may still elect coverage voluntarily under 65-04-29, so ask your employer and confirm with WSI.

How long does workers' comp last in North Dakota?

Benefits continue as long as your work-related injury causes disability and WSI accepts your claim. Temporary total disability (TTD) pays while you cannot work. Permanent disability benefits continue based on your impairment rating. Under N.D.C.C. 65-05-35, a claim already on file is presumed closed if WSI pays no benefit on it for 4 consecutive years, and reopening it takes clear and convincing evidence that the work injury is the primary cause of your current symptoms.

How much does workers' comp pay in North Dakota?

Wage-loss benefits pay 66 2/3% of your gross average weekly wage, subject to a statutory minimum of 60% and a maximum of 125% of the average weekly wage in the state (N.D.C.C. 65-05-09(1)). Those bounds are set by statute and move with the statewide average wage, not by WSI's discretion. A separate provision caps your benefit at your own weekly wage after social security and federal income tax deductions. Medical expenses are covered at 100% with no copays, as long as you treat with authorized providers.

Is there a waiting period for workers' comp in North Dakota?

It is a threshold, not a deductible. N.D.C.C. 65-05-08 bars benefits for a disability lasting less than five consecutive calendar days, but if your disability lasts five consecutive days or longer, benefits must be paid for the entire period of disability, including those first five days. You do not permanently lose the first week.

Can I be fired while on workers' comp in North Dakota?

North Dakota law prohibits employers from retaliating against an employee for filing a workers' comp claim or receiving WSI benefits. If you believe you were discharged or penalized because of your claim, you may have a separate retaliation claim. Document the timing carefully and consult an attorney.

Can I choose my own doctor in North Dakota?

WSI does not assign you a doctor. Your employer may choose to select a preferred provider under N.D.C.C. 65-05-28.1, and if it did, you must treat with that provider for the first 30 days after the injury, with exceptions for emergency care and care you reasonably did not know was work-related. If your employer selected no preferred provider, you choose your own doctor from day one. You can also opt out by filing a written election with your employer before any injury, or request a change through WSI after 30 days. If your employer never gave or posted the required notice of its preferred-provider program, the selection is invalid for your claim.

How long do I have to file a workers' comp claim in North Dakota?

One year. N.D.C.C. 65-05-01 requires all original claims for benefits to be filed within one year after the injury, or within two years after a death, and states that benefits may not be allowed unless a written claim is filed in that window. The clock runs from the first date a reasonable person knew or should have known the injury was work-related and had lost wages or received medical treatment. Do not confuse this with the separate 4-year rule that presumes an already-open claim closed when no benefits have been paid.

Can I sue my employer for a work injury in North Dakota?

If your employer carried WSI coverage, generally no. Workers' comp is the exclusive remedy, and you cannot sue even if your employer was negligent. There are three exceptions: an intentional act done with the conscious purpose of injuring you, a claim against a negligent third party, and an uninsured employer. Under N.D.C.C. ch. 65-09, if your employer failed to carry coverage you may claim WSI benefits and also sue the employer for damages, and the employer cannot raise the fellow servant rule, assumption of risk, or contributory negligence as defenses.