20 chapters · 197 sections in this title.
N.D.C.C. § 65-01-01 Purposes of workforce safety and insurance law - Police power
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The state of North Dakota, exercising its police and sovereign powers, declares that the prosperity of the state depends in a large measure upon the well-being of its wageworkers, and, hence, for workers injured in hazardous employments, and for their families and dependents, sur…
N.D.C.C. § 65-01-01.1 Civil liability for intentional injuries
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The sole exception to an employer's immunity from civil liability under this title, except as provided in chapter 65-09, is an action for an injury to an employee caused by an employer's intentional act done with the conscious purpose of inflicting the injury.
N.D.C.C. § 65-01-02 Definitions
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In this title: 1. "Acute care" means a short course of intensive diagnostic and therapeutic services provided immediately following a work injury with a rapid onset of pronounced symptoms. 2. "Adopted" or "adoption" refers only to a legal adoption effected prior to the time of th…
N.D.C.C. § 65-01-03 Individual performing service for remuneration presumed an employee
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1. Each individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. The person that asserts that an …
N.D.C.C. § 65-01-06 Exempting certain flying employees
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Pilots, copilots, stewardesses, and other regular flying employees of a regularly established airline operating under a certificate of convenience and necessity granted by the competent authorities of the United States of America and operating regularly scheduled flights in inter…
N.D.C.C. § 65-01-08 Contributing employer and staffing service relieved from liability for injury to employee
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1. If a local or out-of-state employer secured the payment of compensation to that employer's employees by contributing premiums to the fund, the employee, and the parents in the case of a minor employee, or the representatives or beneficiaries of either, do not have a claim for …
N.D.C.C. § 65-01-09 Injury through negligence of third person - Option of employee - Organization subrogated when claim filed - Lien created
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When an injury or death for which compensation is payable under provisions of this title has been sustained under circumstances creating in some person other than the organization a legal liability to pay damages in respect thereto, the injured employee, or the injured employee's…
N.D.C.C. § 65-01-10 Waiver of rights to compensation void - Deduction of premium from employee prohibited - Penalty
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No agreement by an employee to waive rights to compensation under this title is valid except as provided in section 65-05-25. No agreement by any employee to pay any portion of the premium paid or payable by the employer into the fund is valid, and any employer who deducts any po…
N.D.C.C. § 65-01-11 Burden of proof in compensation matters - Death certificate
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If the organization or an employer claims an employee is not entitled to the benefits of the North Dakota workforce safety and insurance law because the employee's injury was caused by the employee's willful intention to cause self-injury, or to injure another, or by reason of th…
N.D.C.C. § 65-01-12 Attorney general to represent organization
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Upon the request of the organization, the attorney general shall institute and prosecute the necessary actions or proceedings for the enforcement of this title or for the recovery of any money due the fund or of any penalty provided for in this title, and shall defend all suits, …
N.D.C.C. § 65-01-15 Yearly documentation required for firefighter and law enforcement officer
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Except for benefits for an exposure to a bloodborne pathogen as defined by section 23-07.5-01 occurring in the course of employment, a full-time paid firefighter or law enforcement officer who uses tobacco is not eligible for the benefits provided under sections 65-01-15.1 and 65…
N.D.C.C. § 65-01-15.1 Presumption of compensability for certain conditions of full-time paid firefighters and law enforcement officers
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1. Any condition or impairment of health of a full-time paid firefighter or law enforcement officer caused by lung or respiratory disease, hypertension, heart disease, or an exposure to a bloodborne pathogen as defined by section 23-07.5-01 occurring in the course of employment, …
N.D.C.C. § 65-01-15.2 Presumption of compensability for cardiac events of full-time paid firefighters and law enforcement officers
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1. A heart attack, stroke, vascular rupture, or other similar cardiac event, is presumed to be a compensable injury when a full-time paid firefighter or law enforcement officer: a. Engages in a situation involving strenuous physical law enforcement activity, fire suppression acti…
N.D.C.C. § 65-01-16 Decisions by organization - Disputed decisions
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The following procedures must be followed in a claim for benefits, notwithstanding any provisions to the contrary in chapter 28-32: 1. The organization shall send a copy of each initial claim form filed with the organization to the claimant's employer, by regular mail or electron…
N.D.C.C. § 65-01-17 Agricultural employment exemption - Custom agricultural operations
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For purposes of the agricultural service exception to hazardous employment under section 65-01-02, an agricultural employer that engages in a custom agricultural operation, which is the planting, care, or harvesting of grain or field crops on a contract-for-hire basis, exclusive …
N.D.C.C. § 65-01-18 Alternative dispute resolution - Pilot program - Continuing appropriation
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Notwithstanding any other provision of law, the organization may develop and implement pilot programs to allow the organization to assess alternative forms of dispute resolution to resolve disputes with injured employees. The goal of the pilot program must be to develop timely, c…