Workers' Comp Laws in North Dakota

If you were just hurt at work in North Dakota, the clock is already running. Two deadlines matter most:

• Tell your employer within 7 days. North Dakota law says that, absent good cause, notice may not be given later than seven days after the accident happened or after the general nature of your injury became apparent (N.D. Cent. Code § 65-05-01.2).
• File your claim within 1 year. All original claims for benefits must be filed within one year after the injury (or within two years after a death) (§ 65-05-01).

Miss those windows and you can lose your right to benefits. Here is what to do first, and what to expect from North Dakota's workers' compensation system.

What to do first

1. Get medical care. If it's an emergency, go to the nearest emergency room or call 911. The employer-designated-provider rule described below does not apply to emergency care.
2. Tell your employer immediately — and in writing if you can. Notice can be oral or written, and it must go to your immediate supervisor or another supervisor authorized to receive notice. WSI tells workers to report all on-the-job injuries to the employer immediately, even if you don't think you need to see a provider. Don't wait to see whether the injury "gets better on its own."
3. File your claim with WSI using the First Report of Injury (FROI). Your employer also has its own duty: it must file a first report of notice of injury with WSI within seven days of receiving your notice (§ 65-05-01.4). Don't rely on your employer's filing — the one-year deadline to file a claim is on you.
4. Keep copies of everything — your report to your employer, medical notes taking you off work or restricting your duties, and any letters or orders from WSI.

North Dakota's workers' compensation agency

North Dakota's system is run by North Dakota Workforce Safety & Insurance (WSI), the state agency at workforcesafety.com. North Dakota is a monopolistic state-fund state: WSI says it is "the sole provider and administrator of workers' compensation in North Dakota," and that North Dakota law does not allow private insurers to underwrite workers' compensation coverage in the state. Employers buy coverage from WSI, and WSI decides claims and pays benefits.

Who is covered

WSI states that North Dakota's workers' compensation law, with limited exceptions, requires all employers to insure all employees — full-time, part-time, seasonal, and occasional — before employees begin working. There is no employee-count threshold to trigger the requirement.

Some categories fall outside mandatory coverage under the statute (§ 65-01-02), including:

• The employer itself, and the spouse or a child under age 22 of an employer
• Corporate board members who are not otherwise employed by the corporation
• Agricultural or domestic service (with special rules for custom agricultural operations under § 65-01-17)
• Newspaper or shopping-news delivery, where pay is tied to sales and a written independent-contractor agreement exists
• Work that is both casual and outside the employer's trade or business
• Railroad employment (covered instead by federal law)

Even where coverage isn't required, WSI says an employer may purchase elective coverage for itself and for otherwise-exempt workers (with exceptions, such as federal and railroad employees). If you aren't sure whether you're covered, ask your employer or call WSI.

The deadline to file your claim

Claims must be filed within one year after the injury, or within two years after a death. Under § 65-05-01, the "date of injury" for this deadline is the first date a reasonable person knew or should have known that the employee suffered a work-related injury and had either lost wages because of a resulting disability or received medical treatment. That start date matters for injuries that develop over time, like a repetitive-strain condition or an occupational disease.

This one-year deadline is separate from — and comes after — the 7-day notice to your employer. If you're unsure how the deadline applies to your situation, contact WSI right away rather than assuming you're too late.

Medical care: who picks your doctor

It depends on whether your employer has designated a provider.

• If your employer has not selected a provider: you may select a health care provider of your own choice for initial treatment. After WSI accepts your claim, WSI may require you to treat with a different provider to direct the medical side of your claim — in that case it gives you a list of three providers in the right specialty and you choose from that list (§ 65-05-28).
• If your employer has selected a "preferred provider" — WSI calls this a Designated Medical Provider (DMP) — then for the first 30 days after the injury you may seek treatment only from that provider. Treatment by anyone else is generally not compensable unless the DMP made the referral (§ 65-05-28.2).

Switching doctors: get WSI's written approval first — this applies whether or not your employer has a DMP. Under § 65-05-28(1), an injured employee may not change from one health care provider to another, while under treatment or after being released, without the prior written authorization of WSI. If you switch without that approval, the statute makes you liable for the cost of the treatment, and the new provider will not be treated as your attending provider for purposes of certifying temporary disability. To change providers, file a written request with WSI stating all your reasons; WSI reviews your claim and approves or denies the change, notifying you and the requested provider. This is easy to miss if your employer has no DMP — picking your own initial provider is your right, but leaving that provider later is not automatic.

Two things are not a "change of provider" and do not require WSI's prior approval (§ 65-05-28(1)(b)):

• Emergency care or treatment.
• A referral by your attending health care provider — if your own treating doctor refers you out, that is not a provider switch.

Key exceptions and rights under the DMP rule:

• The DMP requirement does not apply to emergency care, or to care you reasonably did not know was related to a work injury.
• You may elect a different provider if you notified your employer in writing before the injury happened.
• After 30 days, you may make a written request to WSI to change providers, served on your employer and WSI at least 30 days before the new treatment, stating your reasons and your choice. Your employer can object, and WSI rules on the request.

Ask your employer — ideally before you're ever hurt — whether it has a designated provider. Employers that select one are required to give notice of it.

Wage-replacement benefits and the 5-day rule

North Dakota does not pay disability benefits for a short absence: benefits may not be paid for a disability lasting less than five consecutive calendar days. If the disability lasts five consecutive calendar days or longer, benefits must be paid for the period of disability (§ 65-05-08).

For temporary total or permanent total disability, the weekly benefit is 66 2/3% (two-thirds) of your gross average weekly wage, subject to a statutory floor and ceiling tied to the average weekly wage in the state — a minimum of 60% and a maximum of 125% of the state average weekly wage (§ 65-05-09). Because the state average weekly wage is updated periodically, the actual dollar minimum and maximum change; this page does not state those dollar figures. Get the current weekly benefit levels from WSI.

Your employer may not force you to burn sick leave or annual leave instead of applying for these benefits, though it may let you use leave to make up the gap between your benefit and your regular pay.

Permanent impairment

If your compensable injury leaves lasting impairment, you may be entitled to a permanent impairment award (§ 65-05-12.2). A few things to know:

• Impairment is evaluated using the sixth edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment, as modified by WSI rules.
• The award is a lump-sum calculation, not a periodic payment, and it is not a substitute for wage-loss benefits.
• Deadline: once WSI notifies you by certified mail that you may be eligible, you must file a written request for a permanent impairment evaluation within 180 days of that notice. Missing that 180-day window precludes an award.

If your claim is denied

WSI issues written decisions, and each step has a hard deadline (§ 65-01-16):

• Notice of decision → 45 days to request reconsideration. You have 45 days from the day WSI issued the notice of decision to file a written request for reconsideration, stating why you disagree and what outcome you want. You may submit new evidence. If you don't ask in time, the decision is final and cannot be reheard or appealed.
• Administrative order → 45 days. After reconsideration, WSI issues an administrative order. From there, an employee has 45 days to ask the Decision Review Office (DRO) for assistance, and a party has 45 days to file a written request for a rehearing (measured from the order, or from the day the DRO says its assistance is complete). Absent a timely rehearing request, the administrative order is final.
• Rehearing. A rehearing is a formal administrative hearing conducted under North Dakota's Administrative Agencies Practice Act (Chapter 28-32), before a hearing officer, resulting in a post-hearing administrative order.
• Appeal to district court → 30 days. A party may appeal the post-hearing administrative order to North Dakota district court (Chapter 65-10), and an appeal from an agency order must be taken within 30 days after notice of the order (§ 28-32-42). Courts apply this deadline strictly.
• From district court, a further appeal to the North Dakota Supreme Court is possible.

Important — the steps above are the usual path, not the only one. Read the title at the top of whatever WSI sends you, because that is what sets your deadline:

• WSI can go straight to an administrative order, skipping the notice of decision. The statute expressly permits WSI to "issue an administrative order on any decision made by informal internal review without first issuing a notice of decision and receiving a request for reconsideration" (§ 65-01-16(5)). So if the first document you receive is an administrative order, there is no reconsideration step coming — don't wait for one. Your 45-day clock to request DRO assistance or a rehearing is already running from that order, and letting it lapse makes the order final.
• If WSI sits on your reconsideration request, you can force a decision. If WSI does not issue an order within 60 days of receiving a request for reconsideration, any interested party may request an appealable determination — and WSI must promptly issue one (§ 65-01-16(5)). You are not stuck waiting indefinitely.

Do not let the 45-day and 30-day windows slip. Under North Dakota's statute, a missed deadline doesn't just delay your case — it can make the decision final and unappealable.

On attorney's fees: North Dakota law provides that WSI pays the cost of a judicial appeal and the injured employee's attorney's fees if the employee prevails, subject to conditions and a maximum fee set by the organization (§ 65-10-03). Ask about how that works before you hire anyone.

Where to get help in North Dakota

• WSI's Decision Review Office (DRO) — a free office that helps employees who disagree with a WSI claim decision, guiding them through the process and explaining how to request a review or appeal an order. WSI says the DRO operates independently of WSI's Claims Department and reports to the WSI Board of Directors. See the Decision Review Office page for its phone number and address.
• WSI customer service — for general questions about your claim, benefits, deadlines, or current benefit levels, use the contact information on workforcesafety.com.
• The statute itself — North Dakota Century Code Title 65 is published by the Legislative Branch at ndlegis.gov (Chapter 65-05 covers claims and compensation; Chapter 65-01 covers WSI's decisions and the appeal steps).
• Legal aid — income-eligible North Dakotans may be able to get free civil legal help from Legal Services of North Dakota; contact them directly to ask whether they can assist with a workers' compensation matter.

Workers' compensation is a benefit your employer paid for on your behalf. Reporting an injury honestly and on time is exactly what the system is designed for. Report what happened accurately — never exaggerate, and never leave out a prior condition.

This article provides general legal information about North Dakota workers' compensation law. It is not legal advice. For guidance on your specific situation, contact North Dakota Workforce Safety & Insurance or a licensed attorney.