If an injured employee’s benefits cease under subsection 2 of section 65-05-09.3, the organization shall pay to that employee every twenty-eight days a benefit based on the length of time the injured employee received disability benefits during the term of that claim. The organization shall pay the injured employee’s additional benefits until the employee’s death or for a period of time not to exceed the total length of time the employee received disability benefits under sections 65-05-08, 65-05-08.1, 65-05-09, and 65-05-10, and a vocational rehabilitation allowance under chapter 65-05.1, for that claim, whichever occurs first. The benefit is based on the injured employee’s compensation rate before any applicable social security offset. The percentage of that final payment payable as the additional benefit is:

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Terms Used In North Dakota Code 65-05-09.4

  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

At least 1 year and less than 3 years of disability                 5 percent of weekly benefit. At least 3 years and less than 5 years of disability                10 percent of weekly benefit.

At least 5 years and less than 7 years of disability                15 percent of weekly benefit.

At least 7 years and less than 9 years of disability                20 percent of weekly benefit. At least 9 years and less than 11 years of disability             25 percent of weekly benefit. At least 11 years and less than 13 years of disability            30 percent of weekly benefit. At least 13 years and less than 15 years of disability            35 percent of weekly benefit. At least 15 years and less than 17 years of disability            40 percent of weekly benefit. At least 17 years and less than 20 years of disability            45 percent of weekly benefit. Twenty or more years of disability                                         50 percent of weekly benefit.

However, the organization shall pay to an injured employee who has been determined to be catastrophically injured as defined by subdivision c of subsection 2 of section 65-05.1-06.1 an additional benefit, until the death of the employee, equal to one hundred percent of the final payment of the disability benefit that was discontinued under subsection 2 or 3 of section 65-05-09.3.