Title 65 — Workforce Safety and Insurance

All property subject to valuation must be assessed for the purpose of making the payments under section 65-02-31 in the same manner as other real property in this state is assessed for tax purposes. Before June thirtieth of each year, the county auditor of any county in which pro…

Repealed by S.L. 2009, ch. 611, § 13. 65-02-35. Attorney's fees for legal review in preparation for rehearing of an administrative order. 1. The organization shall pay an injured employee's attorney for the fees and costs to consult with the injured employee regarding a request f…

The organization shall pay up to five hundred dollars to an attorney for review of a proposed settlement offered to an injured employee, if the employee to whom the settlement is offered was not represented by an attorney at the time the offer was made. Subdivisions d and e of su…

An employer that is insured and in good standing with the organization is eligible for reimbursement of reasonable legal costs and reasonable attorney's fees if the employer is found to be uninsured or noncompliant by the workers' compensation authorities of another state and hir…

Money in the workforce safety and insurance fund is appropriated on a continuing basis for payment of fees associated with credit or debit card payments made to the organization.

The organization may charge a fee not exceeding twenty dollars for the first twenty-five pages and seventy-five cents per page after twenty-five pages when providing an outgoing file copy. In an electronic, digital, or other computerized format, the organization may charge a fee …

The organization shall have full power and jurisdiction over and supervision of every place of employment subject to this title. Whenever necessary to enforce and administer this title, the organization may issue and enforce all rules and safety regulations. The organization may …

Repealed by S.L. 2009, ch. 608, § 6.

The organization shall create and operate work safety and loss prevention programs to protect the health of covered employees and the financial integrity of the fund, including programs promoting safety practices by employers and employees through education, training, consultatio…

Repealed by S.L. 2023, ch. 585, § 3.

1. The organization shall classify employments with respect to their degrees of hazard, determine the risks of different classifications, and fix the rate of premium for each of the classifications sufficiently high to provide for: a. The payment of the expenses of administration…

1. The organization shall maintain adequate financial reserves to ensure the solvency of the fund and the payment of future benefit obligations, based upon actuarially sound principles. The discount rate used in evaluating the financial reserves may not exceed six percent. The le…

The organization shall keep an accurate account of the moneys paid in premiums by each of the several classes of occupations or industries and of the disbursements on account of injuries to and deaths of employees thereof, and it also shall keep an account of the moneys received …

1. The organization shall establish a single workforce safety and insurance account for state entities covered by chapter 32-12.2. The organization shall use the combined payroll, premium, and loss history of selected agencies to determine future experience rates, dividends, asse…

1. For each year, the amount of an employee's wages subject to premium calculations must be determined as an amount equal to seventy percent of the statewide average annual wage, hereafter referred to as limited payroll, rounded to the nearest one hundred dollars, determined by t…

The organization, upon recovery of its subrogation interest after a third-party lawsuit under section 65-01-09, shall give relief to the employer from the date of injury for the amount of the recovery up to the actual amount expended on a claim charged against the employer's acco…

The employer shall reimburse the organization for all medical expenses related to a compensable injury to an employee if the expenses do not exceed two hundred fifty dollars and shall reimburse the organization for the first two hundred fifty dollars of medical expenses when the …

Notwithstanding the other provisions of this chapter, the organization may settle an amount owed by an employer to resolve a disputed issue at any time and on its own motion or by application of an employer. 65-04-05. Employer to furnish payroll information to organization - Dete…

Repealed by S.L. 1951, ch. 344, § 11. 65-04-06. Employer obligated to file payroll reports - Organization to specify method of providing information - Verification may be required. Each employer subject to this title shall provide at least annually a payroll report to the organiz…

Repealed by S.L. 1997, ch. 538, § 1.

Repealed by S.L. 1997, ch. 538, § 1. 65-04-10. Provision relating to workforce safety and insurance required in contractor's bonds. There must be inserted in every bond given by a contractor doing work for the state of North Dakota or for any political subdivision thereof, in add…

In the event that the amount of premium collected from any employer at the beginning of any premium period is ascertained and calculated by using as a basis the estimated expenditures for wages for the period of time covered by such premium payments, an adjustment of the amount o…

The organization may establish a system for the experience rating of risks of employers contributing to the fund, and such system shall provide for the credit rating and the penalty rating of individual risks within such limitations as the organization may establish from time to …

Repealed by S.L. 2023, ch. 465, § 8. 65-04-18. Subsequent injury or aggravation of previous injury or condition of employee - Charge to employer's risk - Charge of part of claim to subsequent injury fund. Whenever a subsequent injury or aggravation of a previous injury or pre-exi…

Any employer who achieves the benchmarks outlined by the organization's risk management programs is eligible for a discount in the annual premium for the year following the year in which the risk management program's benchmarks are achieved.

Repealed by S.L. 2003, ch. 564, § 14.

The organization may create and implement actuarially sound employer premium calculation programs, including dividends, group insurance, premium deductibles, and reimbursement for medical expense assessments. Programs created or modified under this section are not subject to titl…

An employer, subject to section 65-04-22, may pay the annual premium in installments. Interest must be charged at the prevailing base rate posted by the Bank of North Dakota plus two and one-half percent. The interest charged must be at least six percent per annum. Interest must …

The state of North Dakota or any municipality thereof, whenever necessary, may use any funds of the state or municipality, as the case may be, except such funds as are raised by special levies, for the payment of premiums due the fund for insurance upon employees of such state or…

When the organization reviews a potential employment relationship involving an independent contractor who has a valid identification number issued under section 34-05-01.4 and determines that the party described as an independent contractor is an employee for purposes of workforc…

Repealed by S.L. 2001, ch. 578, § 17. 65-04-24. Notice of premium or assessment owing - Organization to bring suit for premiums in default. The organization shall notify an employer of the amount of premium, assessment, penalty, and interest due the organization from the employer…

1. An officer or director of a corporation, or manager or governor of a limited liability company, or partner of a limited liability partnership, or employee of a corporation or limited liability company having twenty percent stock ownership who has control of or supervision over…

The payment of a judgment rendered in an action brought against an employer for the collection of defaulted premiums or the voluntary payment of the amount of premium, penalties, and costs prior to judgment entitles the employer and that employer's employees to the benefits provi…

1. a. To protect the lives, safety, and well-being of wageworkers, to ensure fair and equitable contributions to the workforce safety and insurance fund among all employers, and to protect the workforce safety and insurance fund, the organization may institute injunction proceedi…

1. If it appears to the organization an employer is without workers compensation coverage, is in an uninsured status in violation of this title, or knowingly conducts business with an uninsured employer, the director by registered mail may issue to the employer an order to cease …

The state treasurer is the custodian of the fund and all payments of awards of the organization for disbursements other than travel and administrative expenses must be paid by the state treasurer upon warrant-checks authorized and prepared by the organization. Warrants drawn upon…

Investment of the fund must be under the supervision of the state investment board in accordance with chapter 21-10. For purposes of this section, the director is the official signatory for the organization on any check, document, or other legal instrument relating to or resultin…

Notwithstanding any provisions to the contrary in chapter 28-32, the following procedures apply when the organization issues a decision under this chapter or section 65-04-04.4: 1. The organization may issue a notice of decision based on an informal internal review of the record …

All original claims for benefits must be filed by the injured employee, or someone on the injured employee's behalf, within one year after the injury or within two years after the death. The date of injury for purposes of this section is the first date that a reasonable person kn…

The organization shall provide such additional coverage, allow such additional time for claims to be filed, and pay such additional compensation and other benefits in excess of the coverage, filing time, and benefits otherwise provided in this title, as may be required by the Fed…

When an employee is involved in an accident while on the job, the employee shall take steps immediately to notify the employer that the accident occurred and what is the general nature of the injury to the employee, if apparent. Notice may be either oral or written. The notice mu…

If an employee fails to notify the employer of an accident and the general nature of the employee's injury, the organization may consider that failure to notify in determining whether the employee's injury is compensable.

The employer shall file a first report of notice of injury with the organization within seven days from the date the employer receives the notice of injury from the employee. Failure of the employer to file a first report of notice of injury is an admission by the employer that t…

Every claim must be made on forms to be furnished by the organization and must contain all the information required by it. Each claim must be signed by the person entitled to compensation or by the person acting on that person's behalf and, except in case of death, must be accomp…

If the original claim for compensation has been made within the time specified in section 65-05-01, the organization at any time, on its own motion or on application, may review the award, and in accordance with the facts found on such review, may end, diminish, or increase the c…

The payment of compensation or other benefits by the organization to an injured employee, or to the injured employee's dependents in case death has ensued, are in lieu of any and all claims for relief whatsoever against the employer of the injured or deceased employee. 65-05-07. …

Repealed by S.L. 1999, ch. 554, § 4.

Repealed by S.L. 2017, ch. 437, § 6.

The organization shall establish guidelines, systems, and procedures for the acceptance of medical bills and supporting documentation by electronic methods. Health care providers shall submit medical bills and supporting documentation to the organization by this electronic method…

1. An injured employee's health care provider shall certify the period of disability and the extent of the injured worker's abilities and restrictions. 2. A health care provider certifying disability shall include in the report filed with the organization: a. The medical basis es…