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Workers Compensation

In an effort to save premium dollars through a deductible program, and to establish a cross agency return-to-work program for North Dakota state entities, the 2001 Legislature enacted NDCC § 65-04-03.1 (61kb PDF) establishing the RMWCP.

NDCC § 65-04-03.1 provides that all state entities covered by NDCC ch. 32-12.2 (43kb PDF) must participate in the RMWCP unless exempted by the Director of OMB. No entities have been exempted.

As in the past, Workforce Safety & Insurance (WSI), will continue to determine the level of compensation an injured worker and his or her care provider are entitled to receive; and will determine experience rates, dividends, assessments, and the premiums payable by State entities for workers compensation coverage. However, effective July 1, 2001, workers compensation premiums are now paid to the Risk Management Division rather than to WSI.

With the premium dollars it receives from State entities, the Risk Management Division has established a fund to pay:

  • the first $100,000 on each claim (less the $250 deductible payable by the employing entity); and
  • the premium to WSI for the State entities' single workers compensation account.

Since July 1, 2001, the Risk Management Division has implemented a return-to-work program which permits the assignment of State employees to agencies other than the employing agency at the time of the injury. Administrative Rules promulgated to govern this program can be found at www.legis.nd.gov/information/acdata/pdf/4-11-02.pdf

To report a work-related injury involving a state employee or an approved volunteer, go to the Workforce Safety & Insurance website to begin the claim.  This must be done within 24 hours of notification of the injury.

All state entities must notify the Risk Management Division at (701) 328-7583 when there is a serious injury, a questionable or apparently fraudulent injury, death of an employee, or an accident where a third party caused the accident.

Workers Compensation Programs

 

This program only applies to individuals employed by the State of North Dakota. All other workers compensation inquiries can be directed to North Dakota Workforce Safety & Insurance or by calling 1-800-777-5033.