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North Dakota Workers' Compensation Laws

North Dakota operates a mandatory, monopolistic state-fund workers' compensation system through Workforce Safety & Insurance (WSI). Unlike most states, private insurers cannot write workers' compensation policies — all coverage comes through WSI. Benefits include medical treatment, wage replacement at two-thirds of pre-injury wages, and rehabilitation services. The system is no-fault, meaning you do not need to prove employer negligence.

Last verified: 2026-02-26

Statute of Limitations

1 year from injury (claim filing)N.D. Cent. Code § 65-05-01

All original claims for compensation must be filed within 1 year after the injury. The date of injury is the first date a reasonable person knew or should have known that the injury was work-related and caused lost wages or required medical treatment.

Exceptions

Employee Notice to Employer7 days from accidentN.D. Cent. Code § 65-05-01.2

An employee must notify their employer of a work-related accident within 7 days. Notice may be oral or written. The employer then has 7 days to file a first report with WSI.

Death Benefits2 years from date of deathN.D. Cent. Code § 65-05-01

Claims for death benefits must be filed within 2 years after the employee's death.

Filing Requirements

Report the injury to your employer within 7 days of the accident. Notice may be oral or written.

Claim Filing with WSIN.D. Cent. Code § 65-05-01

File a claim with North Dakota Workforce Safety & Insurance within 1 year of the injury. The employer must file a first report of injury within 7 days of receiving notice from the employee.

Key North Dakota Statutes

Mandatory Coverage (Monopolistic State Fund)N.D. Cent. Code § 65-01-01 et seq.

Nearly all North Dakota employers must obtain workers' compensation coverage through WSI (Workforce Safety & Insurance). Private insurance companies cannot write workers' compensation policies in North Dakota. Coverage applies to full-time, part-time, seasonal, and occasional workers.

Wage Replacement Benefits (TTD)N.D. Cent. Code § 65-05-09

Temporary total disability benefits pay two-thirds of the injured worker's pre-injury gross weekly wage, subject to an annual maximum set by WSI. Benefits begin after 5 or more consecutive days of disability. An additional $15/week is available per dependent child.

WSI pays for reasonable and necessary medical treatment related to the work injury. Except for emergency treatment, all medical care must be provided by a physician approved by WSI. Employers may designate a list of medical providers for employees to choose from.

Vocational RehabilitationN.D. Cent. Code § 65-05.1-01 et seq.

If an injured worker cannot return to their previous job, WSI provides vocational rehabilitation services including job retraining, education, and job placement assistance.

Employers may not discharge or discriminate against an employee for filing or intending to file a workers' compensation claim with WSI.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at North Dakota Century Code — Workforce Safety. For advice about your specific situation, consult a licensed attorney.

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