North Dakota Workers' Compensation Benefits
North Dakota's workers' compensation system pays 66.67% of your average weekly wage, up to a state maximum of $1,281/week for temporary total disability. Use the calculators below to estimate your weekly benefit, your permanent disability award, and the lump-sum settlement value of your claim.
North Dakota benefit snapshot
- Max weekly TTD
- $1,281
- Min weekly TTD
- -
- Wage replacement
- 66.67%
- Effective
- 2026
How North Dakota workers' comp benefits are calculated
North Dakota multiplies your average weekly wage (AWW) by 66.67% to determine your weekly wage-replacement benefit. The result is capped at the state maximum of $1,281 per week.
Your AWW typically reflects gross earnings over the 52 weeks before the injury, including overtime, bonuses, and (in many states) earnings from a second job. Permanent disability awards in North Dakota are then calculated by multiplying this weekly rate by a scheduled number of weeks for the affected body part and your impairment percentage.
Weekly benefit examples in North Dakota
| Average weekly wage | Weekly TTD (66.67%) | Annual | At state cap? |
|---|---|---|---|
| $600 | $400 | $20,801 | No |
| $900 | $600 | $31,202 | No |
| $1,200 | $800 | $41,602 | No |
| $1,800 | $1,200 | $62,403 | No |
| $2,500 | $1,281 | $66,612 | Yes |
What affects your North Dakota settlement value
- Average weekly wage and resulting weekly TTD rate.
- Permanent impairment rating and the affected body part's scheduled weeks.
- Past and projected future medical costs (including any Medicare set-aside).
- Whether you have legal representation - represented claims settle ~30–40% higher.
- Whether the claim is disputed or has compensability issues.
- Pre-existing conditions or prior injuries to the same body part.
- Your ability to return to work in the same or modified capacity.
North Dakota workers' compensation board and claim process
Workers' compensation in North Dakota is administered by the North Dakota Workforce Safety & Insurance (WSI). The agency publishes the official claim forms, tracks claim status, and hears disputes when a carrier denies or underpays benefits.
| State agency | North Dakota Workforce Safety & Insurance (WSI) |
|---|---|
| Notice to employer | As soon as practicable |
| Deadline to file a claim | 1 year from the date of injury |
| Official website | https://www.workforcesafety.com/ |
How to file a North Dakota workers' comp claim
- Report the injury to your employer. North Dakota requires notice within As soon as practicable. Put it in writing and keep a dated copy.
- Get medical treatment. Tell the provider the injury happened at work so treatment is billed to the comp carrier, not your health insurance.
- Confirm the first report of injury was filed. Your employer must report the claim to its insurance carrier, which opens the claim file.
- Track your wage-replacement checks. Compare each check against the $800 you would receive on a $1,200 AWW at 66.67% to spot an understated average weekly wage.
- File a formal claim if benefits stall. If the carrier denies, delays, or underpays, file with the North Dakota Workforce Safety & Insurance (WSI) within 1 year from the date of injury.
- Resolve permanent disability. After Maximum Medical Improvement you receive an impairment rating, which drives your PPD award or lump-sum settlement.
Deadlines above are general statutory guidelines for traumatic injuries. Occupational disease, repetitive trauma, and death claims can follow different timelines. Confirm your dates with the North Dakota Workforce Safety & Insurance (WSI) or a North Dakota workers' comp attorney.
North Dakota workers' comp FAQ
Who administers workers' compensation claims in North Dakota?+
Claims are administered by the North Dakota Workforce Safety & Insurance (WSI). Forms, claim status information, and dispute procedures are published at https://www.workforcesafety.com/.
How do I file a workers' comp claim in North Dakota?+
Report the injury to your employer (As soon as practicable in North Dakota), get medical treatment and tell the provider it is work related, then confirm your employer filed the first report of injury with its carrier. If benefits are denied or delayed, file a formal claim with the North Dakota Workforce Safety & Insurance (WSI). The filing deadline is generally 1 year from the date of injury.
What is the deadline to file a workers' comp claim in North Dakota?+
North Dakota generally requires notice to your employer within As soon as practicable, and a formal claim filed within 1 year from the date of injury. Occupational disease, repetitive trauma, and death claims can follow different deadlines, so confirm with the North Dakota Workforce Safety & Insurance (WSI).
What is the maximum weekly workers' comp benefit in North Dakota?+
The current maximum TTD rate in North Dakota is $1,281 per week.
How is the weekly workers' comp rate calculated in North Dakota?+
North Dakota pays 66.67% of your average weekly wage (AWW), capped at $1,281 per week.
What is the minimum workers' comp benefit in North Dakota?+
North Dakota does not set a fixed statutory minimum weekly TTD benefit.
How long can I receive TTD benefits in North Dakota?+
TTD continues until you return to work, are released by your treating physician, or reach Maximum Medical Improvement (MMI). North Dakota also caps the total number of TTD weeks under state statute.
Are workers' comp benefits taxable in North Dakota?+
No. Workers' compensation benefits in North Dakota are exempt from federal and state income tax.
Can I see my own doctor in North Dakota?+
Treating-physician choice rules vary by state. In many states the employer or insurer chooses the initial physician; some states allow the worker to select their own. Check the North Dakota workers' comp board for your specific rights.
What if my North Dakota employer is underpaying me?+
Insurance carriers commonly miscalculate AWW by excluding overtime, bonuses, or secondary income. If your weekly check ($800 for an AWW of $1,200) appears low, request the carrier's AWW worksheet and consult a North Dakota workers' comp attorney.
Get a Free North Dakota Workers' Comp Claim Review
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Workers' comp calculators by state
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.