North Dakota Worker's Compensation Benefits
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Important Notice: The following overview of North Dakota's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of North Dakota's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of North Dakota.
Contents
- Introduction
- Special Employment Situations
- Medical Benefits & Choice of Physician
- Disability Benefits Provided
- Death Benefits Provided
- Limits on Attorney Fees
Introduction
North Dakota's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance is provided through a state fund. Waivers are not permitted.
Special Employment Situations
Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. Employers may provide voluntary worker's compensation coverage for domestic servants.
Medical Benefits & Choice of Physician
Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. Unless the employer is enrolled in North Dakota's Worker's Compensation Risk Management Program, in which case the initial choice of physician may be made by the employer, the initial choice of physician is made by the employee.
Disability Benefits Provided
Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments continue for the duration of the disability, or until claimaint is age 65 and eligible for Social Security retirement benefits. Benefits are reduced by 50% of Social Security disability benefits.
Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD continue for the duration of the disability or until the claimaint is eligible for Social Security retirement benefits. Benefits are reduced by 50% of Social Security disability benefits, and an offset also applies for Social Security retirement benefits.
In North Dakota, payments for permanent partial impairment (PPI) are made based upon loss of function of a body part, not on how that loss of function impacts the employee's ability to work. PPI payments are made subject to a payment schedule, and may be paid concurrently with TTD for up to 1,500 weeks.
Scheduled awards are paid in addition to total temporary disability benefits, concurrently with the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.
An award for permanent partial impairment may include compensation for disfigurement.
Physical and vocational rehabilitation benefits are available.
With certain constraints and filing deadlines, occupational hearing losses may be compensable.
Death Benefits Provided
Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A minimum benefit is provided regardless of the employee's earnings. A burial allowance is available.
Limits on Attorney Fees
Attorney fees for claimants are based upon an hourly rate of $100, with maximum fees set by level of hearing, with the total fee not to exceed 20% of the award. In certain cases, the attorney fee may be added to the award.
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