Understanding North Dakota Workers' Compensation Statutes

Key Differences in North Dakota Workers' Compensation Law

North Dakota statutes define workers' compensation as a no-fault system that provides medical care, wage replacement, and disability benefits to employees injured on the job, regardless of fault. Unlike many states, North Dakota does not require employers to purchase private insurance; they may self‑fund through the State Fund or a qualified self‑insurance program, subject to strict reporting and financial adequacy requirements.

Scope of Coverage

The statutes cover most employees, including full‑time, part‑time, and seasonal workers, but exclude independent contractors, volunteers, and certain agricultural laborers unless they opt in. Coverage extends to injuries arising from the performance of job duties, occupational diseases, and injuries sustained during commuting if the employer provides a vehicle.

Benefits Provided

Benefits are categorized as:

• Medical treatment approved by the North Dakota Department of Insurance.
• Temporary total disability (TTD) at two‑thirds of the employee's average weekly wage, capped at the statutory maximum.
• Permanent partial or total disability based on a schedule of injuries.
• Death benefits to designated beneficiaries, covering funeral expenses and ongoing support.

Claim Process

Employees must report the injury to their employer within 30 days. The employer then files a First Report of Injury (FROI) with the North Dakota Department of Insurance. The employee has 90 days to request medical treatment and to file a claim for benefits. Disputes are resolved through an administrative hearing before the Workers' Compensation Office.

Employer Obligations

Employers must maintain a workers' compensation policy or qualify for self‑funding, display the statutory notice poster, and keep accurate records of all injuries. Failure to comply can result in penalties, including fines and civil liability for damages not covered by the system.

Comparative Overview