Filing a Workers' Comp Claim in North Dakota
The deadlines to report a work injury and file a claim in North Dakota, how to file, and how to appeal a denial.
Short answer: When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. N.D. Cent. Code §§ 65-05-01.2, 65-05-01.3, 65-05-01.4
| Deadline to report the injury | When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. Absent good cause, notice may not be given later than seven days after the accident or after the general nature of the injury became apparent. If the worker fails to notify the employer, WSI may consider that failure when deciding whether the injury is covered. The employer must file a first report of injury with WSI within seven days of receiving notice. |
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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 |
| How to file | Report the injury to your employer right away and tell your medical provider it is work-related. A claim (First Report of Injury) can be filed with WSI online through myWSI, by fax (701-328-3820 or 888-786-8695), or by mail to WSI, PO Box 5585, Bismarck ND 58506-5585. Claims must be on WSI forms and signed by the worker or someone acting on the worker's behalf. |
| 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 |
| Filing or checking 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/ |
Where to get help in North Dakota
More North Dakota workers' compensation
- How Much Workers' Comp Pays in North Dakota
- Workers' Comp Settlements in North Dakota
- Retaliation for Filing Workers' Comp 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
How long do you have to report a work injury in North Dakota?
When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. Absent good cause, notice may not be given later than seven days after the accident or after the general nature of the injury became apparent. If the worker fails to notify the employer, WSI may consider that failure when deciding whether the injury is covered. The employer must file a first report of injury with WSI within seven days of receiving notice.
What is the deadline to file a workers' comp claim in North Dakota?
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.
How do you file a workers' comp claim in North Dakota?
Report the injury to your employer right away and tell your medical provider it is work-related. A claim (First Report of Injury) can be filed with WSI online through myWSI, by fax (701-328-3820 or 888-786-8695), or by mail to WSI, PO Box 5585, Bismarck ND 58506-5585. Claims must be on WSI forms and signed by the worker or someone acting on the worker's behalf.
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.
How do I file or check a workers' comp claim online in North Dakota?
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.
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.