WorkInjuryCalc
North Dakota Workers' Comp · Injury Claim

Construction Worker Injured in North Dakota?

Last updated: 2026 · Verified against North Dakota DWC regulations

JH

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 neck & cervical injury claim is worth. North Dakota workers typically receive $7,000–$58,000. Free, no-obligation assessment.

In North Dakota, TTD benefits are capped at $1,124/week. The statute of limitations is 2 years from injury.

$7,000

Avg low

$58,000

Avg high

2 years

Deadline

Pre-filled for your situation — just add your wage & impairment info.

4
5
Step 4 of 5

Tell us about your work

$800
$200$3,000

Your estimated weekly TTD benefit: $533/week

2 yrs
1 month30 years
8 weeks
1 week52+ weeks

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 Neck & Cervical Injury in North Dakota

12%

Average impairment rating

$38,000

Average medical costs

Cervical spine injuries — disc herniations, facet joint injuries, and cervical radiculopathy — frequently result from vehicle accidents, falls, or acute lifting events. The neck is not a scheduled body part in most states, which means permanent disability is calculated under the whole-person impairment methodology. Cervical radiculopathy (nerve compression causing pain, numbness, or weakness radiating into the arms) is a common outcome of C5–C6 or C6–C7 disc herniation. Cervical fusion carries significant risk of adjacent-segment disease, meaning degeneration above or below the fused level often leads to future surgery — a factor that supports higher settlement demands. Thorough neurological documentation distinguishing radiculopathy from peripheral neuropathy is critical for claim value.

Common treatments

  • Rest, cervical collar, and NSAIDs
  • Physical therapy (traction, strengthening)
  • Cervical epidural steroid injections
  • Anterior cervical discectomy and fusion (ACDF)
  • Cervical disc replacement (arthroplasty)
  • Pain management and trigger-point injections

Documentation needed

  • Cervical MRI showing disc pathology
  • Neurosurgeon or spine surgeon evaluation
  • EMG/nerve conduction study for radiculopathy
  • Incident or accident report
  • Pre-injury imaging (if available) to establish causation
  • Whole-person AMA impairment rating
Return to work: Conservative cervical cases: 4–12 weeks. Post-ACDF surgery: 3–6 months for sedentary work, 6–12 months for manual labor.

Frequently asked questions

How is neck & cervical injury 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 neck & cervical injury settlement in North Dakota?

North Dakota workers with neck & cervical injury 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.