Workers' Comp Settlements 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.

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.

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.