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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 filingAn 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.
Appealing a denialWSI 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

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.