Appealing a Denied Workers' Comp Claim in North Dakota

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.

WSI first issues a notice of decision; a party has 45 days from issuance to file a written request for reconsideration. WSI then issues a revised decision or an administrative order. Within 45 days of the administrative order, the worker may ask WSI's Decision Review Office for free assistance, or skip it; a written request for a formal rehearing (administrative hearing) must be filed within 45 days of the order or of the Decision Review Office's notice that its help is complete. A posthearing order can be appealed to district court. WSI will pay up to $500 for a legal consultation.

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.