COVID-19 Legal Update: North Dakota

Workers' Compensation Administrative board/ commission

How does the state define an occupational disease?

"65-01-02(11) ""Compensable injury"" means an injury by accident arising out of and in the course of hazardous employment which must be established by medical evidence supported by objective medical findings.
a. The term includes:
(1) Disease caused by a hazard to which an employee is subjected in the course of employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. Disease includes effects from radiation."

COVid-19 Specific Laws, agency declarations/ press releases, or enacted regulation?

View WSI updates here.

Gov. Issues Executive Order Extending Work Comp to First Responders & Health Care Workers Who Contract COVID-19
March 25, 2020

Executive Order Extending Work Comp to Funeral Directors & Funeral Home Workers Who Contract COVID-19
April 16, 2020

Executive Order Extending Work Comp to Direct Care Providers Who Contract COVID-19
July 28, 2020

Court Closures & Modified Call

WSI Closure and Reporting Changes

Is the administrative court system closed or open?

Closed to public.

Does this state have a shelter-in-place in order?

No.

ANY STATE-SPECIFIC GUIDANCE ON DISABILITY, UNEMPLOYMENT, OR HEALTH BENEFITS FOR COVID-19?

Executive Order Relaxes Rules on Unemployment.

Last Updated: 2/1/21

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This document compiles certain state laws and websites relevant to the COVID-19 pandemic. State guidance and other government instruction have changed frequently. We thus may update this document over time.

Please do not hesitate to contact your account manager, resolution manager, or your other preferred contact at Gallagher Bassett with any questions.

Although we have gathered information relevant to COVID-19 and its impact on workers' compensation claims and your businesses, this is not legal advice, it does not include all pertinent information, nor should it be the basis for legal, claim, benefit, safety, or human resource-related decisions. If you would like guidance on legal issues arising from COVID-19, including whether a COVID-19 related claim is compensable under a specific state’s laws, please seek advice from legal counsel with expertise in the relevant subject areas and state laws. For Gallagher Bassett clients, if you have reported a workers’ compensation claim, then your resolution manager can assist.

A Further Note on the Statutes, Definitions, Cases, and Websites Cited in this Document. State law controls if a worker is entitled or not entitled to workers’ compensation benefits. Each state can approach this question differently, and the relevant statutes, standards of proof, regulating agencies, court precedent, and other aspects of a workers’ compensation claim vary between jurisdictions. As a general principle, state workers’ compensation laws provide medical and wage loss benefits to workers who suffer bodily injury due to an accident, or bodily injury due to an occupational disease. The relevant bodily injury must arise out of and occur in the course of employment. This document primarily compiles state definitions of “occupational disease.” With respect to diseases for which the employee may be entitled to workers’ compensation benefits, the disease typically must arise from particular conditions of employment that make contracting the disease more likely than in the general population, or otherwise there must be a sufficient connection between a disease and workplace. Please consult the relevant state’s workers’ compensation act for the specific language applicable to an “occupational disease” claim.