North Dakota Workers' Compensation
North Dakota workers' compensation is a no-fault insurance plan which must be purchased by North Dakota employers and provided to the majority of North Dakota workers at no charge to the employee.
Workers' Compensation in North Dakota provides work comp benefits to employees for job related injuries or diseases. North Dakota work comp insurance will also provide death benefits to the surviving beneficiaries of the deceased employee.
North Dakota work comp insurance was created to eliminate the need for an injured North Dakota employee to file a personal injury claim against their employer to receive compensation for their workplace injury. Under North Dakota work comp laws, the employee receives limited wage loss compensation and medical care from the employer. The employer is not admitting fault for the injury but provides the benefits in order to avoid costly legal battles that could ensue from a personal injury claim.
North Dakota maintains a state fund to provide work comp insurance compensation coverage for North Dakota employers in the state. North Dakota's Work Force Safety and Insurance provides no-fault workers compensation insurance for approximately 300,000 North Dakota employees.
Hiring a North Dakota Workers' Compensation lawyer
For severe or permanent North Dakota workplace injuries it may be best to contact a North Dakota work comp lawyer. Many North Dakota work injuries are minor and may be able to be resolved without legal assistance, but for complicated work injuries the experience and knowledge of an employment lawyer may ensure you are properly compensated for your North Dakota work injury.
Employers and their insurance companies will have a work comp lawyer working with them to resolve workers' compensation claims. Talk to a North Dakota employment lawyer for additional information.
Need legal help getting benefits for your North Dakota workers compensation case? Simply complete our free form below to get started today!
Work Injuries covered under North Dakota Workers' Compensation
Work injuries which occur within the normal scope of an employee's job are generally covered by workman's comp insurance. Common work injuries which are usually covered by North Dakota's work comp law can include: Abrasions, Burns, Back and neck injuries, Amputations of arms or legs, Concussions, Heart attack or strokes on the job, Carpal Tunnel, Diseases caused by inhalation of chemicals or other toxins, Bone fractures, Hernia, Chronic Obstructive Pulmonary Disease, Post traumatic stress disorder (PTSD), Torn Rotator Cuff, Concussion, Asbestos exposure, General anxiety disorder.
Not all North Dakota workplace injuries will qualify for workman's compensation. Employees who are injured while they are intoxicated, attempting to injure themselves or another employee, disregarding safety regulations or travelling to and from work may find it difficult to qualify for workers' compensation.
North Dakota Workers' Compensation Benefits
North Dakota workman's compensation provides medical benefits, temporary total disability benefits (TTD), temporary partial disability benefits (TPD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), death benefits and vocational rehabilitation to injured North Dakota employees.
More information about each benefit is listed below.
Medical Treatment - Medical treatment which is considered necessary and reasonable to treat a workplace injury is supplied to all qualifying injured employees. Employees may have the ability to choose their own treating physician, unless their employer has a Designated Medical Provider (DMP).
If the employer has a DMP the employee can only choose their own doctor if they have notified their employer of their choice prior to the North Dakota workplace injury. The employee may have the option to request a new treating physician after 60 days of medical treatment.
Employees who require emergency care may be exempt from the above listed requirements. Talk to your North Dakota employer prior to seeking medical treatment.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are paid to North Dakota workers who are injured at work and unable to return to any type of employment. TTD benefits are paid after an employee misses 5 or more calendar days of work in a row.
TTD benefits are paid at 66 2/3% of the employee's gross weekly wage at the time of their workplace injury (state minimum and maximum amounts apply). TTD benefits are paid for the length of the disability or until the North Dakota employee reaches age 65 and is eligible to receive Social Security benefits.
Temporary Partial Disability Benefits (TPD) - Temporary partial disability (TPD) benefits are paid to North Dakota workers who are injured and able to return to work but their wages are less than they were prior to their North Dakota work injury. TPD benefits are paid at 2/3 the difference between the worker's current wage and the wages they were able to make prior to their work injury.
TPD benefits may be paid for up to 6 years, but if the worker's post-injury wage reaches 90% of the gross weekly wage the worker was making prior to their work injury, TPD benefits will cease.
Permanent Total Disability (PTD) - Permanent total disability (PTD) benefits are paid to North Dakota workers who are injured and unable to work any type of job due to their work injury. PTD benefits are paid at 66 2/3% of their wage (subject to the state's maximum and minimum wage levels).
PPD payments can be paid until the worker reaches 65 years of age or is eligible to receive Social Security benefits. Employees who lose the function of both of their eyes, legs, feet or arms, who become paralyzed, who suffer third degree burns over 40% of their body or who have severe brain injuries may be considered permanently disabled.
Contact a workman's compensation attorney in North Dakota for more information about the types of impairments and disabilities which may be considered total and permanent.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability (PPD) benefits may be paid to North Dakota workers who have reached their maximum medical improvement but who have residual partial disabilities.
Vocational Rehabilitation Services - Vocational rehabilitation services may be provided to qualifying North Dakota employees who are unable to return to their job. Vocational rehabilitation benefits provide a variety of services which can vary by state but generally includes: job counseling, job training, job modification and job assessment for the injured employee.
The goal of vocational rehabilitation services is to help the injured employee return to their previous employment or full-time job which is best suited to their current physical health condition and physical limitations.
Death Benefits - Death benefits may be paid to the surviving dependents or the spouse of a North Dakota worker who dies from a work injury. Death benefits are paid at 66 2/3% of the deceased employee's weekly wage (up to 110% of North Dakota's average weekly wage). Additional payments of $10 per child per week may also be paid.
North Dakota death benefits also include a one time payment of $1,200 to the spouse plus an additional $400 for each dependent child. Death benefits in North Dakota can not be more than $250,000 over the entire life of the work comp claim.
Death benefits also will include payment for burial expenses up to the state's maximum allowable amount which is currently $6,500.