Hiring a Workers' Compensation Lawyer in North Dakota
The limits on workers' comp lawyer fees in North Dakota, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in North Dakota: fee rules
| Rules on contingency fees | Under North Dakota Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated; it must identify expenses the client owes whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined, including an itemization of expenses. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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North Dakota rules to know first
| Lawyer fee limits | By law, WSI sets the attorney's maximum hourly rate and maximum fee by rule, and WSI pays the injured worker's attorney fees and costs when the worker prevails (in binding dispute resolution, after an administrative hearing, or in district or supreme court). Except for an initial determination of compensability, the fee may not exceed 20 percent of the amount awarded, subject to the maximum set by rule, and a court, hearing officer or arbitrator may not order the maximum exceeded. WSI may not pay attorney fees in a disputed claim unless the worker first tried to resolve the dispute through WSI's Decision Review Office, which is independent of the claims department and helps injured workers with claim disputes at no charge. |
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| Deadline to file a claim | A claim must be filed with WSI within one year after the injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred and that it caused lost wages or required medical treatment. Source: N.D. Cent. Code § 65-05-01 |
| Deadline to challenge a denial | A party has 45 days from the date WSI issues a notice of decision to file a written request for reconsideration with WSI. After WSI issues an administrative order, a worker has 45 days to ask for help from the Decision Review Office, and a party has 45 days from the order (or from the office's notice that its help is complete) to file a written request for a rehearing, which is held as an administrative hearing. A posthearing order can be appealed to district court within 30 days after notice of the order is given. Appeal to district court: https://ndlegis.gov/cencode/t65c10.pdf and https://ndlegis.gov/cencode/t28c32.pdf |
| Can you sue your employer? | Generally no. Workers' compensation is the exclusive remedy: a worker of an employer that paid premiums to the state fund cannot sue the employer or its employees and must look solely to the fund. The only exceptions in the statute are an injury caused by the employer's intentional act done with the conscious purpose of inflicting the injury, and claims against an uninsured employer. A client company and staffing service that secured coverage share the same immunity. |
| Suing someone other than your employer | Yes. A worker can receive benefits and also sue another person whose legal liability caused the injury. Workforce Safety and Insurance (WSI) is subrogated to, and has a lien on, 50% of the damages recovered, up to what it has paid or will pay in benefits, and this share cannot be reduced by settlement; WSI pays half the litigation costs and a share of attorney fees on its portion if the worker tells WSI in writing the name and address of the worker's attorney. If the worker does not sue within 60 days after the injury, WSI may sue and keep its full interest. If the worker does not pay WSI's share within 30 days of receiving a recovery, WSI's interest becomes the full recovery up to its benefits. Source: N.D. Cent. Code § 65-01-09 |
| Filing a claim online | Workforce Safety & Insurance (WSI) is North Dakota's workers' compensation agency. A work injury, incident or death can be reported online through WSI's Report an Injury form, and claims can be managed through the myWSI online portal. WSI's main phone number is 800-777-5033. Report an injury: https://forms.apps.mywsi.workforcesafety.com/?form=froi ; myWSI: https://mywsi.workforcesafety.com/ |
Find and check a lawyer
| Lawyer referral service | The State Bar Association of North Dakota's Lawyer Referral Service matches paying clients with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with a lawyer in the area of law and town or county you choose. The charge for a referral is $30. Phone: (866) 450-9579. |
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| Check that the lawyer is licensed | The North Dakota Court System (Supreme Court) publishes a lawyer search on its website that can be browsed by last initial, license status, city or state, plus a seniority list of currently licensed lawyers by bar admission date. The Disciplinary Board page links to it. |
| Check discipline history or file a complaint | The North Dakota Disciplinary Board, through the Office of Disciplinary Counsel, handles complaints about unethical conduct by lawyers licensed in North Dakota. Send a written, signed and dated complaint describing the conduct, with witness names and copies of relevant documents, to the Office of Disciplinary Counsel, 125 Slate Dr., Ste. 2, P.O. Box 2297, Bismarck, ND 58502-2297 (701-328-3925); you do not need a lawyer. Complaints without indications of misconduct are dismissed; others are investigated and referred to a district inquiry committee, which can dismiss, admonish, agree to probation or start formal proceedings that may go to a hearing panel and the Supreme Court. The process may take several months, and you get written notice of the outcome. A complaint does not change the outcome of a case and is not a claim for damages. |
Free legal help
| Free legal aid | Legal Services of North Dakota is a nonprofit that provides free legal assistance to North Dakota residents in a variety of matters based on income, and can check eligibility for the low-cost Volunteer Lawyers program. Call (800) 634-5263 if under age 60 or (866) 621-9886 if 60 or older (9 am-3 pm Central), or apply online. Dakota Plains Legal Services also provides free legal help to low-income people, older Americans and veterans in North and South Dakota, including tribal court matters. LSC lists Legal Services of North Dakota as its North Dakota grantee. LSND: https://lsnd.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Dakota · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.