Wage Loss Benefits
If your doctor orders you not to work for 5 or more consecutive days because of your work-related injury or illness, you may be paid a wage-loss benefit.
There are three types of wage-loss benefits:
- Temporary Total Disability (TTD) - If your disability is total, but only temporary, and your doctor has taken you off work for five or more consecutive days you may be paid a TTD wage-loss benefit. Additionally, you may receive up to $15 per week for each dependent child you support.
- A dependent child is defined as:
- A child under the age of 18 residing in the injured worker's household or a child for whom the injured worker has a legal obligation to support
- A child between the ages of 18 and 23 who is a full-time student and dependent upon the injured worker for support
- A child age 18 and older who is incapable of self-support and who is dependent upon the injured worker for support
- Temporary Partial Disability (TPD) - If your wages are reduced because of a physical limitation related to your injury, you may be paid a TPD wage-loss benefit. TPD benefits end when your wages return to at least 90% of your gross weekly pre-injury wages. TPD benefits can only be paid up to 5 years for those suffering a loss of earnings capacity on/after July 1, 1991.
- Permanent Total Disability (PTD) - This benefit is for workers who are totally disabled and unable to return to work of any kind, as defined by North Dakota Workforce Safety & Insurance (WSI) statute. To determine whether PTD is appropriate WSI must consider the following factors: nature of injury, degree of physical impairment, education, work history, wage-earning capacity, and potential for vocational rehabilitation.
How Your Compensation Rate is calculated
Wage-loss benefits vary, depending upon your average weekly wage. In order for you to continue to receive wage-loss benefits, your primary medical doctor must provide continual medical verification that you are unable to work.
Wage loss benefits are paid at a rate of two-thirds of the pre-injury gross weekly wage. The weekly benefit may not exceed the maximum benefit at the time of disability. The weekly benefit also cannot exceed the net wages after taxes.
Verifying Continuing Benefits
If you are receiving wage-loss benefits, WSI will periodically mail you an Injured Worker Status Letter (FL214). Please complete and submit this letter to WSI immediately upon receipt, as further wage-loss benefits will not be paid to you until we receive this letter. If you fail to accurately report any and all wages or work activity, you may face criminal and civil actions for fraud.
Overpayment of Benefits
If you receive an overpayment of benefits, you are legally obligated to notify WSI immediately. Fraud penalties may apply for non-reporting of overpayments.
You cannot receive unemployment benefits and temporary total disability (wage-loss) benefits at the same time. If you are receiving both, notify WSI immediately and also notify Job Service North Dakota and ask them to stop your unemployment benefits. You must refund any overpayment that result from receiving both benefits.
Social Security Disability/Retirement Benefits
You must notify WSI if you apply for either Social Security disability or retirement benefits or are found eligible for these benefits. If you receive Social Security disability, your wage-loss will be reduced by 50% of what you receive from Social Security. If you receive Social Security retirement, please contact WSI to review your benefit amount. In addition you may be responsible for any overpayment that results because of retroactive benefits.
Taxes and Garnishment
Your compensation benefits are not taxable. If a creditor has a judgment against you, your benefits cannot be garnished. Your benefits can be garnished for overpayments of benefits by WSI, overpayments of unemployment benefits by Job Service North Dakota, or court-ordered child support deductions.