Construction Worker Injured in North Dakota?
Last updated: 2026 · Verified against North Dakota DWC regulations
Reviewed by: James R. Holloway, Esq.
Workers' Compensation Attorney · CA Bar #248701 · 14 yrs exp.
Last reviewed: January 2026 · Verified against state DWC regulations
Find out what your heat stroke / heat illness claim is worth. North Dakota workers typically receive $7,000–$58,000. Free, no-obligation assessment.
$7,000
Avg low
$58,000
Avg high
2 years
Deadline
Pre-filled for your situation — just add your wage & impairment info.
Tell us about your work
Your estimated weekly TTD benefit: $533/week
67%
of avg weekly wage (TTD)
$1,124
max weekly benefit
20%
typical attorney fee
2
filing deadline
North Dakota Workers' Comp Law — Key Facts
Governing statute: N.D.C.C. § 65-01-01 et seq.
TTD rate: 67% of average weekly wage
Maximum weekly benefit: $1,124
Statute of limitations: 2 years from injury
Filing deadline: Report to employer within 30 days
Key features of North Dakota's system:
- ✓ Exclusive state fund (WSI) — no private insurance
- ✓ Private attorneys can represent claimants in proceedings
- ✓ Vocational rehabilitation through WSI
North Dakota operates an exclusive state fund — North Dakota Workforce Safety & Insurance (WSI) — meaning all workers' compensation is provided through the state, not private insurers. This makes it similar to Ohio, Washington, and Wyoming. However, unlike those three states, private attorneys can assist workers with North Dakota WSI claims in court proceedings.
What to Expect with Heat Stroke / Heat Illness in North Dakota
10%
Average impairment rating
$20,000
Average medical costs
Heat-related illness on the job — heat exhaustion and heat stroke — is a growing workers' compensation concern as temperatures rise. Heat stroke is a medical emergency in which core body temperature exceeds 104°F with central nervous system dysfunction; without immediate cooling, permanent brain damage and death can result. Outdoor workers (agriculture, construction, landscaping, roofing) and indoor workers in foundries, bakeries, and warehouses are most at risk. OSHA has proposed federal heat illness prevention standards, and several states (California, Oregon, Washington) already have enforceable heat illness regulations. Employers who fail to provide shade, water, and rest periods face OSHA citations. Cognitive impairment from heat stroke may qualify as permanent whole-person impairment under the AMA Guides.
Common treatments
- ✓ Immediate cooling (ice packs, cold IV fluids)
- ✓ IV fluid and electrolyte replacement
- ✓ Hospitalization for monitoring
- ✓ Neurological evaluation for heat stroke survivors
- ✓ Cardiac monitoring (rhabdomyolysis risk)
- ✓ Neuropsychological testing for cognitive effects
Documentation needed
- ✓ Emergency room temperature readings and treatment records
- ✓ Employer heat illness prevention program (or absence thereof)
- ✓ Weather records for the day of injury
- ✓ Witness statements confirming work conditions
- ✓ OSHA citation records (if applicable)
- ✓ Neurologist follow-up notes
Frequently asked questions
How is heat stroke / heat illness compensation calculated in North Dakota?
In North Dakota, your weekly benefit is 67% of your average weekly wage, capped at $1,124. Permanent disability is calculated based on your impairment rating.
What is the average heat stroke / heat illness settlement in North Dakota?
North Dakota workers with heat stroke / heat illness typically settle between $7,000 and $58,000, depending on impairment rating, treatment costs, and lost wages.
How long do I have to file a workers' comp claim in North Dakota?
2 years from injury. Missing this deadline can permanently bar your claim. Contact a workers' comp attorney as soon as possible.
Do I need a lawyer for a workers' comp claim in North Dakota?
You are not required to have an attorney, but representation significantly increases average settlement amounts. Most workers' comp attorneys work on contingency — no fee unless you win. Typical fees are 20% of settlement.
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This calculator provides estimates for informational purposes only. Actual compensation depends on the specific facts of your case, your state's workers' compensation laws, and the outcome of any proceedings. Always consult a licensed workers' compensation attorney in your state.