If your miss more 5 or more consecutive work days, as prescribed by your medical provider, you may receive wage-loss benefits. There are 3 types of wage-loss benefits: Temporary Total Disability; Temporary Partial Disability; and Permanent Total Disability. Typically, wage-loss benefits may be terminated when one of the following occurs:
- Your employer offers you temporary modified duties
- You're released by your medical provider to go back to your regular job
- Your medical provider determines you've reached maximum medical improvement — the point at which no further treatment is expected to improve your condition
- Compensation for permanent or fatal injuries
If your disability is total, but only temporary, AND your medical provider has taken you off work for 5 or more consecutive days, you may be paid a TTD wage-loss benefit. Additionally, you may receive up to $15/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
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.
This benefit is for workers who are totally disabled and unable to return to work of any kind, as defined by North Dakota 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.
Important information about benefits
Wage-loss benefits vary, depending upon your average weekly wage. In order for you to receive wage-loss benefits, your primary medical provider must provide continual medical verification that you are unable to work.
Wage-loss benefits are paid at a rate of 2/3s 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.
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.
If you are overpaid benefits, you are legally obligated to notify WSI immediately. Fraud penalties may apply for not reporting an overpayment.
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 Job Service North Dakota, asking them to stop your unemployment benefits.
You must refund any overpayment that resulted from receiving both 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.
Your wage-loss benefits are not taxable. If a creditor has a judgment against you, your benefits cannot be garnished.
Your benefits can be garnished for overpayment of benefits by WSI, overpayment of unemployment benefits by Job Service North Dakota, or court-ordered child support deductions.