Retaliation for Filing Workers' Comp in North Dakota
Whether an employer in North Dakota can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer who willfully fires, or willfully threatens to fire, a worker for seeking or announcing an intention to seek WSI benefits is liable in a civil lawsuit for the worker's damages, including reasonable attorney's fees, and these damages are not offset by WSI benefits. N.D. Cent. Code § 65-05-37; WSI, Reporting an Injury
| Retaliation for filing | An employer who willfully fires, or willfully threatens to fire, a worker for seeking or announcing an intention to seek WSI benefits is liable in a civil lawsuit for the worker's damages, including reasonable attorney's fees, and these damages are not offset by WSI benefits. A willful violation is a class A misdemeanor. WSI says such conduct can be reported to the North Dakota Department of Labor. |
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| Appealing a denial | 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. WSI appeal page: https://www.workforcesafety.com/employees/claims-process/appeal-order |
Where to get help in North Dakota
More North Dakota workers' compensation
- Filing a Workers' Comp Claim in North Dakota
- How Much Workers' Comp Pays in North Dakota
- Workers' Comp Settlements in North Dakota
- Suing Over a Work Injury in North Dakota
- Appealing a Denied Workers' Comp Claim in North Dakota
- All North Dakota workers' compensation rules
FAQ
Can you be fired for filing workers' comp in North Dakota?
An employer who willfully fires, or willfully threatens to fire, a worker for seeking or announcing an intention to seek WSI benefits is liable in a civil lawsuit for the worker's damages, including reasonable attorney's fees, and these damages are not offset by WSI benefits. A willful violation is a class A misdemeanor. WSI says such conduct can be reported to the North Dakota Department of Labor.
How do you appeal a denied workers' comp claim in North Dakota?
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.
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.