North Dakota Workforce Safety and Insurance (WSI) runs the monopolistic workers comp state fund. Use the 2026 ND calculator for TTD, PPD estimates, and learn why WSI restricts mental-only injury claims.
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| Category | North Dakota (ND) Rule |
|---|---|
| System type | Monopolistic state fund. North Dakota Workforce Safety & Insurance (WSI) is the sole provider of workers comp coverage. Private workers comp insurance is not available. |
| TTD benefit rate | 66.67% of pre-injury average weekly wage, subject to an annual maximum set by WSI. |
| Waiting period | 5 days before disability benefits begin. |
| Notice to employer | 7 days in most cases. |
| Claim filing deadline | 1 year from date of injury; 2 years from date of death for death benefits. |
| Doctor choice | Must use WSI-authorized medical providers. Using non-authorized providers may jeopardize coverage. |
| Mental injury restriction | Coverage for psychological injuries without an accompanying physical injury is very restricted under North Dakota law. |
North Dakota workers comp is administered by Workforce Safety & Insurance (WSI), the state's monopolistic workers comp fund. Like Ohio, Washington, and Wyoming, North Dakota does not allow private insurance companies to sell workers comp policies. All covered employers pay premiums to WSI, and all claims are processed through the state agency.
WSI's scope includes premium collection, claims management, safety inspection, and return-to-work programs. Because WSI is the sole provider, the settlement negotiation dynamic differs from competitive-market states. Workers negotiate directly with WSI representatives rather than private insurance adjusters.
North Dakota has a 5-day waiting period before disability benefits begin. This means the first five days of lost wages due to a workplace injury are not compensated unless the total disability extends long enough for retroactive payment to apply. Workers must also notify their employer within 7 days of the injury in most cases. Missing this 7-day window can complicate or jeopardize the claim.
The 7-day employer notice period is shorter than some states (Utah allows 180 days) but longer than others (Wyoming requires 72 hours). The practical advice is to report every workplace injury immediately, even if the injury seems minor at first, because symptoms can worsen and delayed reporting raises credibility questions with WSI.
North Dakota imposes one of the most restrictive mental-injury rules in the country. Coverage for purely psychological injuries without an accompanying compensable physical injury is very limited. This means that a worker who develops PTSD, anxiety, or depression solely from workplace stress or witnessing a traumatic event (without a physical injury to the worker) may not qualify for workers comp benefits.
This rule is significant for first responders, healthcare workers, and employees in high-stress occupations. Workers in these situations may need to explore other legal avenues, such as disability insurance claims or tort litigation, if the injury is purely psychological. The restriction applies specifically to the workers comp system and does not eliminate other legal rights.
WSI permits both full-and-final settlements and stipulated agreements. A full-and-final settlement is a lump-sum payment that closes the claim, including medical rights for that injury. A stipulated agreement may keep certain rights open while resolving specific disputed issues.
All settlements require WSI approval. WSI will review whether the settlement amount is reasonable given the medical evidence, disability rating, and benefit calculations. Workers who disagree with a WSI decision can request reconsideration within 30 days. If reconsideration fails, the Decision Review Office offers an alternative dispute resolution process designed to help workers avoid lengthy litigation.
Unlike many states where the injured worker freely chooses any licensed physician, North Dakota requires workers to use WSI-authorized medical providers. Treatment from non-authorized providers may not be covered. Workers should verify that their chosen physician is authorized by WSI before beginning treatment, especially for specialist referrals and physical therapy.
This authorized-provider requirement gives WSI more control over medical costs but can limit worker choice, particularly in rural areas of North Dakota where the pool of authorized providers may be smaller. Emergency treatment from the nearest available provider is generally covered regardless of authorization status.
Temporary Total Disability (TTD): 66.67% of pre-injury average weekly wage
Workforce Safety & Insurance (WSI) is North Dakota's monopolistic state fund for workers compensation. All employers must obtain coverage through WSI. Private workers comp insurance is not available in the state.
Coverage is very restricted. North Dakota generally does not cover purely psychological injuries unless they are accompanied by a compensable physical injury. Workers with mental-only injuries may need to explore disability insurance or other legal options.
North Dakota requires workers comp medical treatment to be provided by WSI-authorized physicians. Using non-authorized providers can jeopardize coverage. Always verify provider authorization before treatment, especially for referrals.
There is a 5-day waiting period before disability benefits begin. The first 5 days of lost wages are not compensated unless the total disability is long enough for retroactive payment rules to apply.
You have 7 days to notify your employer of a workplace injury in most cases. Failing to report within this window can complicate your claim with WSI.
You can request reconsideration within 30 days of the WSI decision. If reconsideration is unsuccessful, the Decision Review Office offers alternative dispute resolution to help avoid litigation.
WSI allows full-and-final lump-sum settlements that close the claim and stipulated agreements that may keep certain rights open. Both require WSI approval.
No. SettlementCalculator.xyz is operated by Mustafa Bilgic, a non-attorney individual operator. This page provides educational information only. Consult a licensed attorney in North Dakota for legal advice.