North Dakota Workers Compensation: Eligibility, Filing and Appeals

Workers compensation is a form of insurance for employees injured on the job. In North Dakota, workers compensation receives management through Workforce Safety & Insurance. Employers pay an insurance premium to Workforce Safety & Insurance, which provides coverage to each of the business's employees.

Common Covered Work Related Injuries

Under North Dakota law, most any injury or illness that is a direct result of employment with an insured business is a good reason to file a claim for workers compensation. In situations where you may not be sure if you should file a claim, the agency states that the employee should file a claim through their employer and the agency will make a decision if it is payable under state law. Injuries may include slips and falls that result in broken bones, sprains, strains and muscle tears. North Dakota work related injuries include those that happen while the employee is on the clock and/or is at the job site.

How to File a North Dakota Workers Compensation Claim

To file a worker’s compensation claim, individuals need to file the claim through the employer. This claim receives filing through the employer's insurer. Two other methods may be in use to file a claim as well. This includes filing a First Report of Injury form online, at the agency's website, or completing a First Report of Injury Form and mailing or faxing it to the company. The employee, the employer or a medical provider on behalf of the employee, may file the claim.

Workers Compensation Claim Denials

According to North Dakota's Workforce Safety and Insurance Agency, the most common reason for denial is that the required forms were not complete properly. Law requires employers to report all work injuries within seven days of the incident occurring. In addition, a time limitation of one year after the injury or two years after death is in place. Should any claim receive denial, a report might be on file by the employee with the agency. In addition, should a past claim need to reopen, this can occur by requesting a reinstatement of benefits online or through a local office.

Appealing a North Dakota Workers Compensation Denial

To appeal any ruling of workers compensation denial or limitations, call the agency directly, visit an office or obtain an attorney.

Collecting North Dakota Workers Compensation Benefits

North Dakota workers compensation benefits are dependent on the injury and the type of employment. For Temporary Total Disability, where a doctor does not allow you to work for at least five days in a row, you will be paid a wage replacement, plus up to $10 per week for each dependent child. For temporary partial disability, where a doctor has placed limitations, individuals will receive up to 90 percent of their gross weekly pre-injury wages. For permanent total disability where you are totally disabled and unable to work again, a settlement will happen, based on the circumstances. All medical costs required by a doctor will receive coverage.

Hiring a North Dakota Workers Compensation Lawyer

In situations where there is a claim that is in denial, it is best to work with a worker’s compensation lawyer. In addition, in serious cases of total disability, it may be best to work with an attorney to ensure adequate compensation occurs for all parties involved.

North Dakota Workers Compensation Office Locations

Bismarck Location
1600 East Century Avenue, Suite 1
Bismarck, ND 58503-0644

Fargo Service Center
2601 12^th Avenue SW
Fargo, ND 58103-2354

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