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North Dakota Workers' Compensation Laws

As a local, you know that some of the most courteous folks you will ever come across call North Dakota home. But if you were injured at work, you may mistakenly believe that claiming disability benefits is impolite. Quite the opposite: not taking the necessary time to recover can result in reduced productivity in the workplace. North Dakota workers' compensation laws require your employer to carry no-fault coverage so that neither of you needs to point the blame. Now how's that for courteous?

For more information about North Dakota workers' comp laws, check out the table and summaries below.

Statute Section

Ch. 65 - 01, et seq.

Time Limits

Ch. 65 - 05

  • Notice to your employer: 7 days in most cases
  • Filing a claim: 1 year from injury or 2 years from death

Benefit Time Limits

Ch. 65 - 05

  • Waiting Period: 5 days

Mental Injury Coverage

Ch. 65 - 01

  • Very limited

Coverage

Most employers in North Dakota are required to carry workers' comp insurance coverage for their employees. Some employees are exempt from this requirement, including most domestic workers, most agricultural workers, most railroad workers, and members of the clergy. Mental injuries which do not stem from a physical injury are not compensable under North Dakota law. This means that if you suffer a panic attack in the middle of a review with your supervisor and thereafter require medical treatment, it is highly unlikely that your employer’s workers’ comp policy will cover it.

Benefits

North Dakota offers indemnity benefits, medical treatment, and vocational rehabilitation. Indemnity benefits are wage replacement compensation, based on 66 2/3 percent of your average weekly wages, subject to the state-imposed maximum. For your medical treatment to be covered, you must be treated by a provider authorized by the North Dakota Workforce Safety & Insurance (WSI). If your loved one died due to a workplace injury, you may be entitled to special benefits to compensate you for the loss of your loved one's financial support.

Dispute Resolution

If your claim for benefits is denied, you may submit a request for reconsideration within 30 days of the date the decision was mailed to you. Workforce Safety & Insurance will then reconsider your claim, in light of any additional information you submit, and issue an administrative order. If you disagree with the order, at this point you may request a hearing. At the hearing, you or your attorney will present evidence supporting your position. This evidence may come in many forms, including testimony by a coworker proving that your injury was the result of an accident, and not an intentional act; or documentation proving that your weekly wage replacement benefits should be more than what has been awarded. Alternatively, the Decision Review Office (DRO) offers alternative dispute resolution to help workers avoid costly and lengthy litigation.

Get a Free Review of Your Claim from an Experienced Attorney in North Dakota

Injuries in the workplace can result in lost wages from time off work, piles of medical bills, and other financial hardships. Determining whether you are entitled to workers' comp benefits can be even tougher if you suffered from a mental injury. If you were injured in an accident at work or if you are suffering from an occupational disease, and you need skilled legal assistance, get a free claim review from an attorney experienced with the claim dispute resolution process in North Dakota.

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