North Dakota Is a "WSI-Only" State
North Dakota is one of just a handful of monopolistic state-fund states, and it shapes everything about a claim here. Employers cannot buy a workers' comp policy from a private insurance company — coverage is purchased only from North Dakota Workforce Safety & Insurance (WSI), the state agency that also administers every claim and pays every benefit. So whether you're an injured worker or an employer, there's effectively one party on the other side of the table. If you're hurt on the job, you're generally entitled to medical care, wage-loss benefits while you recover, and impairment benefits if the injury leaves lasting effects. Here's how that works in plain terms.
Wage-Loss Benefits: What You're Paid While You Heal
If your medical provider takes you off work for 5 or more consecutive days, you may receive Temporary Total Disability (TTD), paid at two-thirds (66.67%) of your pre-injury gross weekly wage. That amount is capped two ways: it can't exceed the state maximum in effect on your date of disability, and it can't exceed your net (after-tax) wages. You may also receive up to $15 per week for each dependent child you support. The maximum is set at 125% of the statewide average weekly wage and is updated each year on July 1 — for disabilities beginning on or after July 1, 2025, the maximum weekly benefit is $1,569. Always confirm the current figure with WSI for your specific date of disability.
| North Dakota (WSI) | Detail |
|---|---|
| Who provides coverage | WSI only (monopolistic state fund) |
| TTD rate | 66.67% of pre-injury gross weekly wage |
| Max weekly benefit (eff. 7/1/2025) | $1,569 (125% of state avg weekly wage) |
| Waiting period | 5 consecutive days (paid retroactively if disability lasts longer) |
| Deadline to file | Generally 1 year; no later than 2 years from injury |
| Choice of doctor | Employer's Designated Medical Provider, if one exists |
Impairment Awards and Settlements
North Dakota does not work like the lump-sum "settlement" states you may have read about. WSI pays defined benefits directly, and most cases don't resolve through a negotiated cash buyout of the whole claim. The main lasting-effect benefit here is Permanent Partial Impairment (PPI):
- PPI award — once you reach maximum medical improvement, a medical evaluation assigns a whole-body impairment percentage, and WSI pays a scheduled award based on that rating and the PPI rate in effect at evaluation.
- Ongoing wage-loss — if you still can't earn your pre-injury wage, Temporary Partial Disability or, in qualifying cases, Permanent Total Disability benefits may continue under WSI's rules rather than being cashed out.
Because WSI both decides and pays claims, the leverage points are different from a private-insurer state — the medical evidence and your impairment rating drive what you receive. If you disagree with a WSI decision, you can request reconsideration and, if needed, ask the Decision Review Office to review the order.
The Doctor Question in North Dakota
Your treating provider's documentation drives both your wage-loss eligibility and your impairment rating, so this matters. In North Dakota, an employer may set up a Designated Medical Provider (a single provider, a group, or a list) for work injuries. If your employer has done that, you generally choose your treatment from within it. If your employer has no designated provider, you're typically free to use the physician of your choice. Either way, your doctor completes a Capability Assessment (Form C3) after appointments — get copies to WSI and your employer to avoid interruptions in benefits.
Heads up: WSI's maximum and minimum benefit levels reset every July 1 and are tied to the statewide average weekly wage. The $1,569 maximum applies to disabilities beginning on or after July 1, 2025 — always confirm the current number with WSI for your date of disability before relying on it.
Deadlines You Can't Miss
WSI encourages filing a First Report of Injury (FROI) immediately after a work injury, ideally within 24 hours. By law, you generally have one year to file an application for benefits, and in no event more than two years from the date of injury (or from when you knew, or should have known, the injury was work-related). Your employer must file its FROI with WSI within 7 days of being notified — but that does not extend your own filing deadline. If you disagree with a formal WSI order, you have 45 days to request a review. Waiting is risky, and missing the deadline can bar your claim entirely, so confirm your exact deadline with WSI.
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