Workers' comp claim denied in North Dakota: what to do next

If WSI denies your claim in a notice of decision, send WSI a written request for reconsideration within 45 days, saying why you disagree and what you want.

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in North Dakota

Who decides: Workforce Safety & Insurance (reconsideration and Decision Review Office), then an administrative law judge from the Office of Administrative Hearings, then district court
First step: If WSI denies your claim in a notice of decision, send WSI a written request for reconsideration within 45 days, saying why you disagree and what you want. If WSI then issues an administrative order you disagree with, you can ask WSI's Decision Review Office (free, independent of the Claims Department) for help within 45 days, or request a hearing directly.
Deadline: 45 days from a notice of decision to request reconsideration; 45 days from an administrative order to contact the Decision Review Office or request a rehearing; 45 days from the Decision Review Office's completion notice to request a rehearing. If you miss these deadlines, the decision becomes final.
Medical disagreements: WSI may send you to an Independent Medical Evaluation (IME) by a neutral provider and reimburses travel at state rates. Surgery and some services need prior approval from WSI's utilization review. Medical decisions are disputed through the same reconsideration, Decision Review Office and hearing steps.
: WSI: Independent Medical Evaluation (what to expect)
Appealing the decision: District court under N.D.C.C. chapter 65-10, then the North Dakota Supreme Court.

Notice of decision: send a written request for reconsideration to WSI within 45 days of the date it was issued.
Administrative order: within 45 days of the order, ask the Decision Review Office for free help (this pauses the time to request a hearing), or request a rehearing (administrative hearing) directly.
After the Decision Review Office finishes, you have 45 days from its notice to file a written request for rehearing that states each error and the relief you want.
An administrative law judge holds the hearing and issues an order.
You can appeal the judge's order to district court, and then to the North Dakota Supreme Court.

Law: N.D.C.C. §§ 65-01-16, 65-02-27, 65-02-22.1

Source: workforcesafety.com

Sources

The official sources for North Dakota are listed on the North Dakota page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org