The North Dakota workers compensation act — formally the North Dakota Title 65, “Workforce Safety and Insurance” (first enacted as the Workmen’s Compensation Act), found at North Dakota Century Code (N.D.C.C.) Title 65, Chapters 65-01 through 65-10 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the North Dakota workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
North Dakota at a Glance
| Official name | Title 65, “Workforce Safety and Insurance” (first enacted as the Workmen’s Compensation Act) |
| Where it lives | North Dakota Century Code (N.D.C.C.) Title 65, Chapters 65-01 through 65-10 |
| First enacted | 1919 |
| Reporting deadline | Within 7 days of the accident, or within 7 days after the general nature of the injury becomes apparent, by written or oral notice to the employer (N.D.C.C. 65-05-01.2). WSI may consider a late notice when it decides whether to accept the claim. |
| Filing deadline | Within 1 year after the injury, or within 2 years after a death (N.D.C.C. 65-05-01). The date of injury is the first date a reasonable person knew or should have known the injury was work-related. |
| Exclusive remedy | N.D.C.C. 65-01-08 makes workers’ comp the exclusive remedy against an employer that has secured coverage through the fund. The only exception, in 65-01-01.1, is an injury caused by the employer’s intentional act done with the conscious purpose of inflicting the injury. Chapter 65-09 is a separate carve-out. |
| Recent amendments | Two 2025 laws took effect August 1, 2025. HB 1423 covers benefits for adapting a home or vehicle. SB 2109 covers death benefits and lets WSI send forms and decisions electronically; it raises the death benefit cap from 300000 to 400000 for injuries on or after August 1, 2025. SB 2181 (PTSD coverage) and SB 2094 (retirement presumption) both failed to pass. |
In This North Dakota Guide:
What the North Dakota Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The North Dakota workers compensation act dates to 1919. It lives at North Dakota Century Code (N.D.C.C.) Title 65, Chapters 65-01 through 65-10, and the official text is linked in the sources.
North Dakota is one of four exclusive state-fund states. WSI is the only workers’ comp insurer, so private carriers cannot write this coverage (self-insurance was not verified). Benefit maximums change each year, so confirm current figures with WSI and a licensed attorney.
Who the North Dakota Workers Compensation Act Covers
The coverage section of the North Dakota workers compensation act sets the employee count at which coverage becomes mandatory and defines who counts as an employee. N.D.C.C. 65-01-02.
It excludes agricultural and domestic service from “hazardous employment,” and casual work outside the employer’s trade from “employee.” WSI also lists owners, partners and corporate officers, an employer’s children under 22, farm and ranch labor, household domestic workers, newspaper carriers, certain real estate brokers, places of worship, and federal and railroad employees as exempt. These employers may choose to buy elective coverage.
Deadlines in the North Dakota Workers Compensation Act
Waiting period: N.D.C.C. 65-05-08. The first 4 days of disability are unpaid. If the disability lasts 5 or more consecutive calendar days, those first days are paid back.. Wage-loss rate: N.D.C.C. 65-05-09. Temporary total disability pays 66 2/3 percent of the worker’s gross average weekly wage, subject to the minimum and maximum set in that section, which change each year..
North Dakota Workers Compensation Act: Key Sections at a Glance
The sections of the North Dakota workers compensation act that decide most cases, each with its citation:
| Exemptions | N.D.C.C. 65-01-02. It excludes agricultural and domestic service from “hazardous employment,” and casual work outside the employer’s trade from “employee.” WSI also lists owners, partners and corporate officers, an employer’s children under 22, farm and ranch labor, household domestic workers, newspaper carriers, certain real estate brokers, places of worship, and federal and railroad employees as exempt. These employers may choose to buy elective coverage. |
| Report an injury | Within 7 days of the accident, or within 7 days after the general nature of the injury becomes apparent, by written or oral notice to the employer (N.D.C.C. 65-05-01.2). WSI may consider a late notice when it decides whether to accept the claim. |
| File a claim | Within 1 year after the injury, or within 2 years after a death (N.D.C.C. 65-05-01). The date of injury is the first date a reasonable person knew or should have known the injury was work-related. |
| Waiting period | N.D.C.C. 65-05-08. The first 4 days of disability are unpaid. If the disability lasts 5 or more consecutive calendar days, those first days are paid back. |
| Wage-loss rate | N.D.C.C. 65-05-09. Temporary total disability pays 66 2/3 percent of the worker’s gross average weekly wage, subject to the minimum and maximum set in that section, which change each year. |
| Exclusive remedy | N.D.C.C. 65-01-08 makes workers’ comp the exclusive remedy against an employer that has secured coverage through the fund. The only exception, in 65-01-01.1, is an injury caused by the employer’s intentional act done with the conscious purpose of inflicting the injury. Chapter 65-09 is a separate carve-out. |
| Retaliation | N.D.C.C. 65-05-37. An employer that willfully fires, or threatens to fire, a worker for seeking WSI benefits is liable in a civil action for the worker’s damages plus reasonable attorney’s fees. WSI benefits cannot offset those damages, and a willful violation is a class A misdemeanor. The general anti-retaliation law, N.D.C.C. 34-01-20, also applies and has a 180-day deadline to sue. |
| Uninsured employer penalty | N.D.C.C. 65-04-33. An uninsured employer owes back premiums plus penalties and interest, plus a 25 percent penalty on premiums due for the most recent year it was out of compliance. Willfully failing to get coverage is a class A misdemeanor, or a class C felony if the premium due is over 1000. It also carries civil liability of 5000 plus three times the unpaid premium, and WSI can seek an injunction. |
The Exclusive-Remedy Bargain in the North Dakota Workers Compensation Act
N.D.C.C. 65-01-08 makes workers’ comp the exclusive remedy against an employer that has secured coverage through the fund. The only exception, in 65-01-01.1, is an injury caused by the employer’s intentional act done with the conscious purpose of inflicting the injury. Chapter 65-09 is a separate carve-out.
Retaliation and Penalties Under the North Dakota Workers Compensation Act
N.D.C.C. 65-05-37. An employer that willfully fires, or threatens to fire, a worker for seeking WSI benefits is liable in a civil action for the worker’s damages plus reasonable attorney’s fees. WSI benefits cannot offset those damages, and a willful violation is a class A misdemeanor. The general anti-retaliation law, N.D.C.C. 34-01-20, also applies and has a 180-day deadline to sue. N.D.C.C. 65-04-33.
An uninsured employer owes back premiums plus penalties and interest, plus a 25 percent penalty on premiums due for the most recent year it was out of compliance. Willfully failing to get coverage is a class A misdemeanor, or a class C felony if the premium due is over 1000. It also carries civil liability of 5000 plus three times the unpaid premium, and WSI can seek an injunction.
Recent Amendments to the North Dakota Workers Compensation Act
Two 2025 laws took effect August 1, 2025. HB 1423 covers benefits for adapting a home or vehicle. SB 2109 covers death benefits and lets WSI send forms and decisions electronically; it raises the death benefit cap from 300000 to 400000 for injuries on or after August 1, 2025. SB 2181 (PTSD coverage) and SB 2094 (retirement presumption) both failed to pass.
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How to Read the North Dakota Workers Compensation Act
Statute pages are written for lawyers, so read the North Dakota workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the North Dakota workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the North Dakota claim guide turns these sections into steps and dates, and the North Dakota requirements guide covers the employer side.
Frequently Asked Questions
Where is the North Dakota workers compensation act in the code?
North Dakota Century Code (N.D.C.C.) Title 65, Chapters 65-01 through 65-10. The sources below link to the official text.
How long do I have to report a work injury under the North Dakota act?
Within 7 days of the accident, or within 7 days after the general nature of the injury becomes apparent, by written or oral notice to the employer (N.D.C.C. 65-05-01.2). WSI may consider a late notice when it decides whether to accept the claim.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the North Dakota workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official North Dakota Sources & Resources
- North Dakota North Dakota Workforce Safety and Insurance (WSI): https://www.workforcesafety.com
- North Dakota Workers’ Comp Statute: https://ndlegis.gov/cencode/t65c01.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This North Dakota workers compensation act guide was last verified against official North Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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More North Dakota Workers’ Comp Guides
- How to File a North Dakota Workers’ Comp Claim
- North Dakota Workers’ Comp Settlements
- North Dakota Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.