North Dakota Workers' Compensation: Deadlines, Benefits and How to File
North Dakota workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for North Dakota
- Deadline to report the injury
- When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. N.D. Cent. Code §§ 65-05-01.2, 65-05-01.3, 65-05-01.4
- Deadline to file a claim
- A claim must be filed with WSI within one year after the injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred and that it caused lost wages or required medical treatment. N.D. Cent. Code § 65-05-01
- Weekly benefit rate
- Temporary total and permanent total disability benefits are 66⅔% of the worker's gross average weekly wage, subject to a minimum of 60% and a maximum of 125% of the state average weekly wage. N.D. Cent. Code § 65-05-09; WSI, Wage-loss Benefits
- Maximum weekly benefit
- For disabilities beginning on or after July 1, 2026, WSI lists a maximum weekly benefit of $1,614 and a minimum of $775 (state average weekly wage $1,291). For July 1, 2025, the figures were $1,569 maximum and $753 minimum. N.D. Cent. Code § 65-05-09; WSI, North Dakota Weekly Benefit Levels
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Workers' compensation in North Dakota is administered by Workforce Safety & Insurance (WSI), which runs the state fund. Coverage applies to "hazardous employment," defined as any employment with one or more employees regularly employed in the same business. Exceptions include agricultural or domestic service, common carriers by railroad, certain short-distance transportation by nonresidents, and clergy and employees of religious organizations working in the operation of the place of worship. Source: N.D. Cent. Code § 65-01-02(21) |
|---|---|
| Deadline to report the injury | When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. Absent good cause, notice may not be given later than seven days after the accident or after the general nature of the injury became apparent. If the worker fails to notify the employer, WSI may consider that failure when deciding whether the injury is covered. The employer must file a first report of injury with WSI within seven days of receiving notice. |
| Deadline to file a claim | A claim must be filed with WSI within one year after the injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred and that it caused lost wages or required medical treatment. Source: N.D. Cent. Code § 65-05-01 |
| Waiting period | Wage-loss benefits are not paid for a disability lasting less than five consecutive calendar days. If the disability lasts five consecutive calendar days or longer, the statute says benefits are paid for the period of disability. An employer may not require the worker to use sick leave or vacation before or instead of receiving benefits, but may allow it to make up the difference between benefits and regular pay. Source: N.D. Cent. Code § 65-05-08 |
Benefits
| Weekly benefit rate | Temporary total and permanent total disability benefits are 66⅔% of the worker's gross average weekly wage, subject to a minimum of 60% and a maximum of 125% of the state average weekly wage. Benefits (including any dependency allowance) cannot exceed the worker's weekly wage after Social Security and federal income tax deductions. A dependency allowance of up to $15 per week per dependent child may be added. WSI wage-loss page: https://www.workforcesafety.com/employees/benefits-services/wage-loss-benefits |
|---|---|
| Maximum weekly benefit | For disabilities beginning on or after July 1, 2026, WSI lists a maximum weekly benefit of $1,614 and a minimum of $775 (state average weekly wage $1,291). For July 1, 2025, the figures were $1,569 maximum and $753 minimum. The minimum does not apply if it would exceed the worker's net wages; in that case the worker receives net wages. |
| How long benefits last | Temporary total and permanent total disability benefits are paid during the disability, with no fixed number of weeks in the statute. Temporary partial disability benefits are paid while the partial disability continues but not for more than five years; Workforce Safety and Insurance (WSI) may waive the five-year limit for a catastrophic injury or when the worker is working with long-term restrictions, verified by clear and convincing medical and vocational evidence, that limit the worker to less than 28 hours a week. A worker who is considered retired (for example, by starting Social Security retirement benefits or reaching Social Security retirement age, unless shown not to be eligible) cannot receive disability, rehabilitation or supplementary benefits, but remains eligible for medical benefits and permanent partial impairment benefits. |
| Permanent disability | A permanent partial impairment award is a one-time amount calculated by multiplying 35% of the state average weekly wage (on the date of the impairment evaluation) by a multiplier set in statute based on the impairment rating. WSI notifies the worker by certified mail when they may be eligible, and the worker must file a written request for an impairment evaluation within 180 days of that notice. Permanent total disability is paid at the same weekly rate as temporary total disability; WSI considers the nature of the injury, degree of impairment, education, work history, wage-earning capacity and potential for rehabilitation. |
| Death benefits | If a work injury causes death, the surviving spouse (or guardian of the children) receives weekly benefits at the total disability rate until the spouse dies, or for children until they no longer qualify; each child receives an additional $15 per week. A further lump sum of $2,500 is paid to the spouse or guardian and $800 for each dependent child. Total death benefits on one claim may not exceed $400,000. WSI pays up to $10,000 in burial expenses to the funeral facility. If there is no surviving spouse or dependent child, a lump sum goes to nondependent children, or else parents, siblings or grandparents. |
Doctors, filing, settlements and appeals
| Choosing a doctor | A worker may pick a health care provider for initial treatment. However, if the employer has selected a preferred (designated) provider, for the first 30 days after the injury the worker may get treatment only from that provider (except emergency care), unless the worker told the employer in writing before the injury that they would use a different provider. After 30 days, the worker can ask WSI in writing to change providers. Once a claim is accepted, WSI may require the worker to choose from a list of three specialists. A worker may not switch providers without WSI's prior written authorization. |
|---|---|
| How to file | Report the injury to your employer right away and tell your medical provider it is work-related. A claim (First Report of Injury) can be filed with WSI online through myWSI, by fax (701-328-3820 or 888-786-8695), or by mail to WSI, PO Box 5585, Bismarck ND 58506-5585. Claims must be on WSI forms and signed by the worker or someone acting on the worker's behalf. |
| Settlements | Workforce Safety and Insurance (WSI), the state fund, and a worker may compromise to resolve a disputed claim; the settlement contract is enforceable by the parties and may require the worker to use the funds for certain rehabilitation programs, and if the worker breaches it, WSI may require repayment. When the extent of disability is disputed and resolved by agreement, the claim cannot later be reopened for a significant change in medical condition. Separately, WSI may, in its discretion, pay a worker found permanently and totally disabled a lump sum equal to the present value of future payments, but only if there is clear and convincing evidence that it is in the worker's best interest and the worker shows a specific rehabilitation plan; the ability to invest the money for a better return is not enough. Structured settlements may also be used to resolve a dispute or to pay ongoing future benefits. Source: N.D.C.C. § 65-05-25 |
| Appealing a denial | WSI first issues a notice of decision; a party has 45 days from issuance to file a written request for reconsideration. WSI then issues a revised decision or an administrative order. Within 45 days of the administrative order, the worker may ask WSI's Decision Review Office for free assistance, or skip it; a written request for a formal rehearing (administrative hearing) must be filed within 45 days of the order or of the Decision Review Office's notice that its help is complete. A posthearing order can be appealed to district court. WSI will pay up to $500 for a legal consultation. WSI appeal page: https://www.workforcesafety.com/employees/claims-process/appeal-order |
| Deadline to challenge a denial | A party has 45 days from the date WSI issues a notice of decision to file a written request for reconsideration with WSI. After WSI issues an administrative order, a worker has 45 days to ask for help from the Decision Review Office, and a party has 45 days from the order (or from the office's notice that its help is complete) to file a written request for a rehearing, which is held as an administrative hearing. A posthearing order can be appealed to district court within 30 days after notice of the order is given. Appeal to district court: https://ndlegis.gov/cencode/t65c10.pdf and https://ndlegis.gov/cencode/t28c32.pdf |
| Retaliation for filing | An employer who willfully fires, or willfully threatens to fire, a worker for seeking or announcing an intention to seek WSI benefits is liable in a civil lawsuit for the worker's damages, including reasonable attorney's fees, and these damages are not offset by WSI benefits. A willful violation is a class A misdemeanor. WSI says such conduct can be reported to the North Dakota Department of Labor. |
| Filing or checking a claim online | Workforce Safety & Insurance (WSI) is North Dakota's workers' compensation agency. A work injury, incident or death can be reported online through WSI's Report an Injury form, and claims can be managed through the myWSI online portal. WSI's main phone number is 800-777-5033. Report an injury: https://forms.apps.mywsi.workforcesafety.com/?form=froi ; myWSI: https://mywsi.workforcesafety.com/ |
| Lawyer fees in comp cases | By law, WSI sets the attorney's maximum hourly rate and maximum fee by rule, and WSI pays the injured worker's attorney fees and costs when the worker prevails (in binding dispute resolution, after an administrative hearing, or in district or supreme court). Except for an initial determination of compensability, the fee may not exceed 20 percent of the amount awarded, subject to the maximum set by rule, and a court, hearing officer or arbitrator may not order the maximum exceeded. WSI may not pay attorney fees in a disputed claim unless the worker first tried to resolve the dispute through WSI's Decision Review Office, which is independent of the claims department and helps injured workers with claim disputes at no charge. |
Lawsuits and uninsured employers
| Suing your employer | Generally no. Workers' compensation is the exclusive remedy: a worker of an employer that paid premiums to the state fund cannot sue the employer or its employees and must look solely to the fund. The only exceptions in the statute are an injury caused by the employer's intentional act done with the conscious purpose of inflicting the injury, and claims against an uninsured employer. A client company and staffing service that secured coverage share the same immunity. |
|---|---|
| Suing someone other than your employer | Yes. A worker can receive benefits and also sue another person whose legal liability caused the injury. Workforce Safety and Insurance (WSI) is subrogated to, and has a lien on, 50% of the damages recovered, up to what it has paid or will pay in benefits, and this share cannot be reduced by settlement; WSI pays half the litigation costs and a share of attorney fees on its portion if the worker tells WSI in writing the name and address of the worker's attorney. If the worker does not sue within 60 days after the injury, WSI may sue and keep its full interest. If the worker does not pay WSI's share within 30 days of receiving a recovery, WSI's interest becomes the full recovery up to its benefits. Source: N.D. Cent. Code § 65-01-09 |
| If your employer has no workers' comp | An uninsured employer loses its immunity from lawsuits. The injured worker (or dependents) may apply to WSI for benefits and may also sue the employer for damages, and the employer cannot use the defenses of the fellow-servant rule, assumption of risk or contributory negligence. WSI is subrogated to the recovery against the employer, and the employer is liable for the premiums, reimbursements, penalties and interest under the law. The claim must be filed within one year after the injury or two years after a death. |
Where to get help in North Dakota
Workers' Compensation FAQ
Which employers must have workers' comp in North Dakota?
Workers' compensation in North Dakota is administered by Workforce Safety & Insurance (WSI), which runs the state fund. Coverage applies to "hazardous employment," defined as any employment with one or more employees regularly employed in the same business. Exceptions include agricultural or domestic service, common carriers by railroad, certain short-distance transportation by nonresidents, and clergy and employees of religious organizations working in the operation of the place of worship.
How long do you have to report a work injury in North Dakota?
When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. Absent good cause, notice may not be given later than seven days after the accident or after the general nature of the injury became apparent. If the worker fails to notify the employer, WSI may consider that failure when deciding whether the injury is covered. The employer must file a first report of injury with WSI within seven days of receiving notice.
What is the deadline to file a workers' comp claim in North Dakota?
A claim must be filed with WSI within one year after the injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred and that it caused lost wages or required medical treatment.
Is there a waiting period for workers' comp in North Dakota?
Wage-loss benefits are not paid for a disability lasting less than five consecutive calendar days. If the disability lasts five consecutive calendar days or longer, the statute says benefits are paid for the period of disability. An employer may not require the worker to use sick leave or vacation before or instead of receiving benefits, but may allow it to make up the difference between benefits and regular pay.
How much does workers' comp pay in North Dakota?
Temporary total and permanent total disability benefits are 66⅔% of the worker's gross average weekly wage, subject to a minimum of 60% and a maximum of 125% of the state average weekly wage. Benefits (including any dependency allowance) cannot exceed the worker's weekly wage after Social Security and federal income tax deductions. A dependency allowance of up to $15 per week per dependent child may be added.
What is the maximum workers' comp benefit in North Dakota?
For disabilities beginning on or after July 1, 2026, WSI lists a maximum weekly benefit of $1,614 and a minimum of $775 (state average weekly wage $1,291). For July 1, 2025, the figures were $1,569 maximum and $753 minimum. The minimum does not apply if it would exceed the worker's net wages; in that case the worker receives net wages.
Can you choose your own doctor for workers' comp in North Dakota?
A worker may pick a health care provider for initial treatment. However, if the employer has selected a preferred (designated) provider, for the first 30 days after the injury the worker may get treatment only from that provider (except emergency care), unless the worker told the employer in writing before the injury that they would use a different provider. After 30 days, the worker can ask WSI in writing to change providers. Once a claim is accepted, WSI may require the worker to choose from a list of three specialists. A worker may not switch providers without WSI's prior written authorization.
How does permanent disability work under workers' comp in North Dakota?
A permanent partial impairment award is a one-time amount calculated by multiplying 35% of the state average weekly wage (on the date of the impairment evaluation) by a multiplier set in statute based on the impairment rating. WSI notifies the worker by certified mail when they may be eligible, and the worker must file a written request for an impairment evaluation within 180 days of that notice. Permanent total disability is paid at the same weekly rate as temporary total disability; WSI considers the nature of the injury, degree of impairment, education, work history, wage-earning capacity and potential for rehabilitation.
What workers' comp death benefits are available in North Dakota?
If a work injury causes death, the surviving spouse (or guardian of the children) receives weekly benefits at the total disability rate until the spouse dies, or for children until they no longer qualify; each child receives an additional $15 per week. A further lump sum of $2,500 is paid to the spouse or guardian and $800 for each dependent child. Total death benefits on one claim may not exceed $400,000. WSI pays up to $10,000 in burial expenses to the funeral facility. If there is no surviving spouse or dependent child, a lump sum goes to nondependent children, or else parents, siblings or grandparents.
How do you file a workers' comp claim in North Dakota?
Report the injury to your employer right away and tell your medical provider it is work-related. A claim (First Report of Injury) can be filed with WSI online through myWSI, by fax (701-328-3820 or 888-786-8695), or by mail to WSI, PO Box 5585, Bismarck ND 58506-5585. Claims must be on WSI forms and signed by the worker or someone acting on the worker's behalf.
How do you appeal a denied workers' comp claim in North Dakota?
WSI first issues a notice of decision; a party has 45 days from issuance to file a written request for reconsideration. WSI then issues a revised decision or an administrative order. Within 45 days of the administrative order, the worker may ask WSI's Decision Review Office for free assistance, or skip it; a written request for a formal rehearing (administrative hearing) must be filed within 45 days of the order or of the Decision Review Office's notice that its help is complete. A posthearing order can be appealed to district court. WSI will pay up to $500 for a legal consultation.
Can you be fired for filing workers' comp in North Dakota?
An employer who willfully fires, or willfully threatens to fire, a worker for seeking or announcing an intention to seek WSI benefits is liable in a civil lawsuit for the worker's damages, including reasonable attorney's fees, and these damages are not offset by WSI benefits. A willful violation is a class A misdemeanor. WSI says such conduct can be reported to the North Dakota Department of Labor.
How long can you receive workers' comp in North Dakota?
Temporary total and permanent total disability benefits are paid during the disability, with no fixed number of weeks in the statute. Temporary partial disability benefits are paid while the partial disability continues but not for more than five years; Workforce Safety and Insurance (WSI) may waive the five-year limit for a catastrophic injury or when the worker is working with long-term restrictions, verified by clear and convincing medical and vocational evidence, that limit the worker to less than 28 hours a week. A worker who is considered retired (for example, by starting Social Security retirement benefits or reaching Social Security retirement age, unless shown not to be eligible) cannot receive disability, rehabilitation or supplementary benefits, but remains eligible for medical benefits and permanent partial impairment benefits.
How do workers' comp settlements work in North Dakota?
Workforce Safety and Insurance (WSI), the state fund, and a worker may compromise to resolve a disputed claim; the settlement contract is enforceable by the parties and may require the worker to use the funds for certain rehabilitation programs, and if the worker breaches it, WSI may require repayment. When the extent of disability is disputed and resolved by agreement, the claim cannot later be reopened for a significant change in medical condition. Separately, WSI may, in its discretion, pay a worker found permanently and totally disabled a lump sum equal to the present value of future payments, but only if there is clear and convincing evidence that it is in the worker's best interest and the worker shows a specific rehabilitation plan; the ability to invest the money for a better return is not enough. Structured settlements may also be used to resolve a dispute or to pay ongoing future benefits.
How do I file or check a workers' comp claim online in North Dakota?
Workforce Safety & Insurance (WSI) is North Dakota's workers' compensation agency. A work injury, incident or death can be reported online through WSI's Report an Injury form, and claims can be managed through the myWSI online portal. WSI's main phone number is 800-777-5033.
How much can a workers' comp lawyer charge in North Dakota?
By law, WSI sets the attorney's maximum hourly rate and maximum fee by rule, and WSI pays the injured worker's attorney fees and costs when the worker prevails (in binding dispute resolution, after an administrative hearing, or in district or supreme court). Except for an initial determination of compensability, the fee may not exceed 20 percent of the amount awarded, subject to the maximum set by rule, and a court, hearing officer or arbitrator may not order the maximum exceeded. WSI may not pay attorney fees in a disputed claim unless the worker first tried to resolve the dispute through WSI's Decision Review Office, which is independent of the claims department and helps injured workers with claim disputes at no charge.
Can you sue your employer for a work injury in North Dakota?
Generally no. Workers' compensation is the exclusive remedy: a worker of an employer that paid premiums to the state fund cannot sue the employer or its employees and must look solely to the fund. The only exceptions in the statute are an injury caused by the employer's intentional act done with the conscious purpose of inflicting the injury, and claims against an uninsured employer. A client company and staffing service that secured coverage share the same immunity.
Can you sue a third party for a work injury in North Dakota?
Yes. A worker can receive benefits and also sue another person whose legal liability caused the injury. Workforce Safety and Insurance (WSI) is subrogated to, and has a lien on, 50% of the damages recovered, up to what it has paid or will pay in benefits, and this share cannot be reduced by settlement; WSI pays half the litigation costs and a share of attorney fees on its portion if the worker tells WSI in writing the name and address of the worker's attorney. If the worker does not sue within 60 days after the injury, WSI may sue and keep its full interest. If the worker does not pay WSI's share within 30 days of receiving a recovery, WSI's interest becomes the full recovery up to its benefits.
What if my employer doesn't have workers' comp insurance in North Dakota?
An uninsured employer loses its immunity from lawsuits. The injured worker (or dependents) may apply to WSI for benefits and may also sue the employer for damages, and the employer cannot use the defenses of the fellow-servant rule, assumption of risk or contributory negligence. WSI is subrogated to the recovery against the employer, and the employer is liable for the premiums, reimbursements, penalties and interest under the law. The claim must be filed within one year after the injury or two years after a death.
How long do you have to appeal a denied workers' comp claim in North Dakota?
A party has 45 days from the date WSI issues a notice of decision to file a written request for reconsideration with WSI. After WSI issues an administrative order, a worker has 45 days to ask for help from the Decision Review Office, and a party has 45 days from the order (or from the office's notice that its help is complete) to file a written request for a rehearing, which is held as an administrative hearing. A posthearing order can be appealed to district court within 30 days after notice of the order is given.
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