Filing a Workers' Comp Claim in North Dakota — Steps & Deadlines

Filing a workers' compensation claim in North Dakota involves specific steps and deadlines that must be followed carefully §65-01-01.

You must report your workplace injury to your employer within Immediately; absent good cause, no later than 7 days after the accident or after the general nature of the injury became apparent §65-05-01.2. Written notice is always recommended even if verbal notice is given.

Employee may generally select a provider for initial treatment, subject to WSI rules; however, if the employer has selected a preferred provider, treatment during the first 30 days after injury must be with that provider (or on its referral) unless it is emergency care, care the employee reasonably did not know was work-related, or the employee notified the employer in writing before the injury of a different provider. Changing providers generally requires WSI approval; confirm with a lawyer or WSI §65-05-28; §65-05-28.2. Make sure to:

You have 1 year from date of injury or discovery of occupational disease to file a formal claim §65-05-01. Disputes initially handled by WSI; administrative law judges designated by the Office of Administrative Hearings conduct evidentiary hearings and issue final findings of fact, conclusions of law, and orders §65-02-22.1.

After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.

Disputes initially handled by WSI; administrative law judges designated by the Office of Administrative Hearings conduct evidentiary hearings and issue final findings of fact, conclusions of law, and orders §65-02-22.1. Appeal to the District Court, then to the North Dakota Supreme Court.