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Wage Replacement Payments

How Your Compensation Rate is Calculated:

Wage replacement benefits vary, depending upon your average weekly wage. In order for you to continue to receive wage replacement benefits, your primary medical doctor must provide continual medical verification that you are unable to work.

Verifying Continuing Benefits:

If you are receiving wage replacement benefits, WSI will periodically mail you an Injured Worker Status Report. Please complete, sign, and return this Report to WSI immediately upon receipt, as further wage replacement benefits will not be paid to you until we receive this Report. 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.

Unemployment Benefits:

You cannot receive unemployment benefits and temporary total disability (wage replacement) 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 results 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 workers' compensation benefits 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.

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.

The Benefits You Receive if Your Injury is Not Serious Enough for a Doctor to Take You Off Work:

If you do not experience any lost work time due to your work injury, once your claim is accepted, those medical expenses related to your work injury that are reasonable and necessary will be paid.

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