How Much Workers' Comp Pays 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.

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.

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.

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.

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.