North Dakota Workers' Compensation Settlement Calculator
Estimate North Dakota workers' comp — Monopolistic State Fund (WSI), Max TTD-PTD Rate $1,614/wk, PPI Multiplier Schedule
North Dakota workers' compensation claims are governed by NDCC Title 65 (ch. 65-02, 65-04, 65-07) (Monopolistic State Fund): Workforce Safety & Insurance (WSI) is the SOLE provider of workers' comp coverage in North Dakota — no private carriers, no self-insurance option for ordinary employers. Of the 3 landmark North Dakota workers' compensation awards documented on this page, the largest is $6M (Cyclone Drilling well-blowout indemnity dispute (Beach, ND) — federal court allowed Continental Resources to shift up to $6M of injured contract-workers' liability to drilling contractor Cyclone Drilling's insurer under an unlimited indemnity clause; 2011).
🌾 NORTH DAKOTA: Monopolistic State Fund (WSI) | Max/Min TTD-PTD Weekly Rate | PPI Multiplier Schedule (Not Weeks)
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
North Dakota Workers' Compensation Law
North Dakota workers' compensation benefits is governed by NDCC Title 65 (Workforce Safety and Insurance) (Monopolistic State Fund): Workforce Safety & Insurance (WSI) is the SOLE provider of workers' compensation coverage in North Dakota — no private insurance carriers may write WC policies here, and unlike neighboring Washington or Ohio, North Dakota does not permit large employers to self-insure. Every North Dakota employer with hazardous employment must secure coverage directly through WSI.
Max/Min TTD-PTD Weekly Rate (NDCC 65-05-09): Effective July 1, 2026, the maximum weekly benefit is $1,614 (125% of the state's $1,291 average weekly wage) and the minimum is $775 (60% of the state AWW). Temporary total and permanent total disability benefits are paid at 66.67% of the injured worker's gross average weekly wage, subject to those caps, recalculated every July 1.
Notice & Filing Deadlines (NDCC 65-05-01 / 65-05-01.2): An injured worker must notify the employer within 7 days of the accident absent good cause, and must file a formal written claim for benefits with WSI within 1 year of the injury (2 years from death, for survivor claims). Missing the notice deadline can be weighed against compensability; missing the 1-year filing deadline generally bars the claim.
Key North Dakota Workers' Compensation Statutes
North Dakota workers' compensation benefits operates under these critical legal rules:
NDCC Title 65 (ch. 65-02, 65-04, 65-07)
Monopolistic State FundStandard: Workforce Safety & Insurance (WSI) is the SOLE provider of workers' comp coverage in North Dakota — no private carriers, no self-insurance option for ordinary employers.
Scope: Every ND employer with hazardous employment must secure coverage directly through WSI. Unlike Washington or Ohio (which permit self-insurance for qualified large employers), ND's Title 65 contains no self-insurance authorization anywhere in ch. 65-04 (Fund/Premiums) or 65-07 (Employer's Coverage) — only WSI itself may extend voluntary special-contract coverage to an employer's own person, spouse, children, or self-employed persons.
NDCC 65-05-09(1) / WSI 2026 Rate Table (eff. 7/1/2026)
Max/Min TTD-PTD Weekly RateStandard: 66.67% (two-thirds) of gross average weekly wage, subject to a minimum of 60% and a maximum of 125% of the state average weekly wage. 2026: Max $1,614/wk, Min $775/wk (state AWW = $1,291).
Scope: Applies to temporary total (TTD) and permanent total (PTD) disability. Rate is locked in at the date of first disability; the state AWW is redetermined every July 1 by Job Service North Dakota. Temporary partial disability (TPD) uses the same 66.67% formula applied to the pre-/post-injury wage differential, same max/min caps, capped at 5 years absent a catastrophic-injury waiver.
NDCC 65-05-01 / 65-05-01.2
Notice & Filing DeadlinesStandard: 7 days to notify the employer of an accident (absent good cause); 1 year from injury to file a formal claim with WSI (2 years from death for survivor claims).
Scope: Notice to a supervisor may be oral or written. The formal claim must be filed on a WSI form, signed, and accompanied by a physician's certificate. Failure to give timely notice may be weighed against compensability; missing the 1-year filing deadline generally bars the claim outright.
NDCC 65-05-12.2
PPI — Multiplier Schedule (Not Weeks)Standard: Award = 35% of the state AWW (rounded to the next highest dollar) × a statutory 'permanent impairment multiplier' keyed to % whole-body impairment under the AMA Guides, 6th edition.
Scope: UNLIKE most states — North Dakota uses a dollar-multiplier table, not a weeks-per-body-part schedule. Multiplier is 0 for 1-13% impairment, rising to 1,500 at 100%. 2026 base value: $452 per multiplier point. One-time lump sum; no award for pain alone; employee must request evaluation within 180 days of WSI notice.
NDCC 65-01-01 / 65-01-01.1
Exclusive RemedyStandard: Workers' comp is the injured employee's sole remedy against the employer, to the exclusion of every other civil action or claim.
Scope: Sole exception: an employer's intentional act done with the conscious purpose of inflicting the injury (narrow, rarely proven). Third-party claims against non-employer defendants — equipment manufacturers, other contractors on a multi-employer worksite — are expressly preserved, and are common on North Dakota's Bakken oil-patch job sites.
NDCC 65-05-16 / 65-05-17
Death Benefits CapStandard: Surviving spouse/guardian receives the PTD-rate weekly benefit for life (or until remarriage); each dependent child receives $15/wk; lump sums of $2,500 (spouse/guardian) plus $800 per dependent child are added. Total death benefits per claim are capped at $400,000.
Scope: Claim for death benefits must be filed within 2 years of death. Burial expenses are paid up to $10,000 separately (NDCC 65-05-26). Death must occur within statutory windows after the injury (1 to 6 years depending on prior disability history; longer if the worker was designated catastrophically injured).
Recovery Structure
Medical treatment (WSI-approved, typically unlimited for compensable injuries), wage-loss benefits at 66.67% of average weekly wage subject to the state max/min, permanent impairment awards via the AMA-Guides multiplier system, temporary partial disability (66.67% of the wage differential, capped at 5 years absent a catastrophic-injury waiver), vocational rehabilitation, and death/survivor benefits up to $400,000 total plus $10,000 burial. No pain-and-suffering under WC — the trade-off for no-fault, exclusive-remedy coverage.
Key North Dakota Doctrines
Exclusive Remedy: Workers' comp is the injured worker's sole remedy against the employer; the only exception is an employer's intentional act done with the conscious purpose of inflicting the injury (NDCC 65-01-01.1) — third-party claims against non-employer defendants (equipment makers, other contractors on a multi-employer site) are expressly preserved and common on Bakken oil-patch worksites. Monopolistic State Fund: WSI is the only insurer permitted to write North Dakota WC coverage — there is no open private market and no self-insurance option for ordinary employers.
Damage Structure + Caps
Max weekly benefit $1,614 (125% of 2026 state AWW), min $775/wk (60% of state AWW); PPI base value $452 (35% of state AWW) × AMA-Guides multiplier (0 at 1-13% impairment, up to 1,500 at 100%); TPD capped at 5 years absent a catastrophic-injury waiver; death benefits capped at $400,000 total plus $10,000 burial; catastrophic-injury home modifications capped at $150,000 and vehicle modifications at $200,000 (lifetime, per injured worker).
North Dakota Workers' Compensation Verdicts + Averages
WSI claim files are confidential under NDCC 65-05-32, so public dollar outcomes are rare — one documented indemnity dispute plus worked statutory examples (marked as calculations, not cases):
| Amount | Year | Case / Injury |
|---|---|---|
| $6M | 2011 | Cyclone Drilling well-blowout indemnity dispute (Beach, ND) — federal court allowed Continental Resources to shift up to $6M of injured contract-workers' liability to drilling contractor Cyclone Drilling's insurer under an unlimited indemnity clause — Well blowout injured three contract workers, July 2011 (third-party/indemnity liability litigation, not a direct WSI benefit payout) |
| $23K | 2026 | Worked formula example — 30% whole-body impairment (multiplier 50 x $452 base value = $22,600 lump sum, NDCC 65-05-12.2) — Illustrative PPI award — transparent calculation, not a reported case |
| $84K | 2026 | Statutory maximum example — one year of TTD/PTD at the FY2027 cap (52 weeks x $1,614/wk = $83,928) — Illustrative ceiling for a year of total disability (NDCC 65-05-09) — transparent calculation, not a reported case |
North Dakota Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in North Dakota for 2026?
The North Dakota 2026 maximum is $1,614/week, effective July 1, 2026 through June 30, 2027 (NDCC 65-05-09; 125% of the state's $1,291 average weekly wage). The minimum is $775/week (60% of state AWW). TTD and PTD benefits are paid at 66.67% of your gross average weekly wage, capped between these two figures — and your rate is locked in at whatever was in effect on your date of first disability.
Who is my employer's workers' comp insurance company in North Dakota?
There is only one possible answer: Workforce Safety & Insurance (WSI), the state of North Dakota's own agency. North Dakota is a monopolistic state fund — private insurance companies are not permitted to write workers' compensation coverage here, and unlike Washington or Ohio, North Dakota does not allow large employers to self-insure either. Every covered ND employer pays premiums directly into the WSI fund.
How long do I have to report my North Dakota work injury and file a claim?
You must notify your employer within 7 days of the accident (or of when the injury's general nature became apparent), absent good cause for delay (NDCC 65-05-01.2). You then have 1 year from the date of injury (or 2 years from death, for survivor claims) to file a formal written claim with WSI (NDCC 65-05-01). Missing employer notice can hurt your case; missing the 1-year filing deadline can bar it entirely.
Can I sue my employer in North Dakota in addition to filing a WSI claim?
Generally NO. North Dakota workers' comp is your exclusive remedy against your employer (NDCC 65-01-01) — the only exception is an employer's intentional act done with the conscious purpose of inflicting the injury (NDCC 65-01-01.1), which is very narrow and rarely proven. Third-party claims against non-employer defendants — equipment manufacturers, other contractors on a multi-employer worksite (common on Bakken oil rigs), or negligent drivers — are expressly preserved and can run parallel to your WSI claim.
How is permanent partial impairment (PPI) calculated in North Dakota?
WSI evaluates PPI under the 6th edition of the AMA Guides once you reach maximum medical improvement, then pays 35% of the state's average weekly wage (in effect on the date of your impairment evaluation, rounded to the next highest dollar) multiplied by a statutory 'permanent impairment multiplier' tied to your whole-body impairment percentage (NDCC 65-05-12.2). For 2026, that base value is $452. The multiplier scales from 0 at 1-13% impairment up to 1,500 at 100% impairment — for example, a 30% whole-body impairment carries a multiplier of 50, for a one-time award of about $452 × 50 = $22,600 (a lump sum, not a periodic wage-replacement payment).
Pending North Dakota Workers' Compensation Issues
Active legal developments (as of April 2026):
- Landmark WC settlement amounts are scarce for North Dakota: WSI claim files and Compromise & Release lump-sum settlements are confidential under NDCC 65-05-32, and North Dakota's administrative (no-jury) WC system does not generate the public verdict/settlement databases available in tort-based states. The one dollar-denominated example located involves third-party indemnity litigation (Continental Resources/Cyclone Drilling), not a direct WSI benefit award — additional genuine landmark verdicts has not been confirmed within the August 2026 review and were deliberately omitted rather than invented.
- No single express statutory clause prohibiting private WC insurance or employer self-insurance was located as of August 2026; ND's monopolistic-fund status is inferred from the absence of any such authorization across NDCC ch. 65-04 (Fund/Premiums) and 65-07 (Employer's Coverage), consistent with ND's well-documented public status (alongside Wyoming) as one of the only U.S. state funds permitting neither private carriers nor self-insurance for ordinary employers — unlike Washington or Ohio.
- North Dakota's Legislative Assembly meets biennially in odd-numbered years; the next regular session convenes January 2027, so no active 2026 WC reform bills are pending. The 2025 session is the most recent legislative activity reflected in the current code text.
- The 2026 weekly benefit levels ($1,614 max / $775 min / $452 PPI base) are effective July 1, 2026 through June 30, 2027 per WSI's published rate table; a worker's actual rate is locked in at the date of first disability, so earlier-year rates continue to govern older claims.
- The PPI multiplier table pays $0 for 1-13% whole-body impairment (NDCC 65-05-12.2(10)) — verified directly from the statute text but flagged because it differs from most states' schedules, which begin compensating at a lower threshold.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- ndlegis.gov/cencode/t65c01.pdf
- ndlegis.gov/cencode/t65c04.pdf
- ndlegis.gov/cencode/t65c05.pdf
- ndlegis.gov/cencode/t65c07.pdf
- www.workforcesafety.com/about-wsi/reports/north-dakota-weekly-benefit-levels
- revealnews.org/article/in-north-dakotas-bakken-oil-boom-there-will-be-blood
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview