Mining 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 occupational hearing loss 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 Occupational Hearing Loss in North Dakota
15%
Average impairment rating
$8,000
Average medical costs
Occupational hearing loss (OHL) is one of the most prevalent occupational diseases in the United States, affecting millions of workers exposed to sustained noise levels above 85 dBA. It is sensorineural — caused by damage to the cochlear hair cells — and is irreversible. OSHA requires hearing conservation programs (29 CFR 1910.95) for workers exposed above 85 dBA. OHL is typically a cumulative injury, meaning claims are calculated based on the total hearing loss after the occupational exposure period. Most states treat OHL under scheduled-loss provisions. New York allows up to 150 weeks for bilateral hearing loss. Baseline audiograms at hire and annual monitoring audiograms are the critical evidence — the shift in hearing threshold over employment demonstrates causation. Tinnitus is frequently associated with OHL and may be separately compensable in some states.
Common treatments
- ✓ Hearing aids (binaural fitting)
- ✓ Cochlear implant evaluation (severe-to-profound loss)
- ✓ Auditory rehabilitation and aural training
- ✓ Tinnitus management (sound therapy, CBT)
- ✓ Protection against further exposure
- ✓ Communication strategy training
Documentation needed
- ✓ Baseline and serial audiometric test results
- ✓ Otolaryngologist (ENT) evaluation
- ✓ Noise exposure history and noise level measurements (sound level meter data)
- ✓ OSHA compliance records for hearing conservation program
- ✓ Duration and intensity of occupational noise exposure
- ✓ Independent audiological evaluation for impairment rating
Frequently asked questions
How is occupational hearing loss 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 occupational hearing loss settlement in North Dakota?
North Dakota workers with occupational hearing loss 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.
Other North Dakota Workers' Comp Claims
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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.