Workers' comp deadlines in North Dakota: tell your employer and file

Tell your employer in North Dakota

Time limit

7 days

Counted from

The date of the accident, or the date the general nature of your injury became apparent

In writing?

The law does not require writing

If you are late

If you do not notify your employer, WSI may consider that when it decides whether your injury is covered.

Illness that develops over time

For an injury or illness that develops over time, the 7 days run from when the general nature of the injury became apparent.

Tell your immediate supervisor (or another supervisor allowed to receive notice) right away that the accident happened and what the injury is. Notice can be oral or written. Unless you have good cause, notice may not be given later than 7 days after the accident or after the general nature of the injury became apparent.

Law: N.D.C.C. §§ 65-05-01.2, 65-05-01.3

Source: workforcesafety.com

File your claim in North Dakota

Time limit

1 year

Counted from

The date of injury, which 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 medical treatment (2 years after the death for a death claim)

What to file

A written claim (First Report of Injury) filed with Workforce Safety & Insurance, online or delivered or mailed to WSI

Claim form

First Report of Injury (Injury, Incident or Death Report), online

Who files it

You file the First Report of Injury with WSI (online, or ask WSI for a paper form), working with your employer if you can. WSI registers the claim, usually assigns a claim number within 24 hours, and sends you a letter naming your claims adjuster. Tell your medical provider the injury is work-related and to send records to WSI.

What your employer must do

Your employer must file its first report of the injury with WSI within 7 days after you notify it. If it does not, WSI may process the claim without the employer's section. Employers that use a designated medical provider must post and give written notice of it.

When the insurer decides

WSI's claims adjuster gathers the facts and mails you and your employer a notice of decision accepting or denying the claim. WSI has no fixed deadline; it decides once it has the needed paperwork. If you disagree, you have 45 days to ask in writing for reconsideration.

Illness that develops over time

The 1 year runs from the first date a reasonable person knew or should have known that the work-related condition existed and caused lost wages or medical treatment.

All original claims must be filed with WSI within 1 year after the injury, or within 2 years after a death. File as soon as possible: WSI asks that the First Report of Injury be filed immediately, or within 24 hours. Claims filed late are generally denied.

Law: N.D.C.C. § 65-05-01

Source: workforcesafety.com

Law: N.D.C.C. §§ 65-05-01, 65-05-01.4, 65-05-01.5, 65-01-16

Source: workforcesafety.com

Waiting period and first payment in North Dakota

Waiting period

Wage-loss benefits are not paid for a disability that lasts less than 5 consecutive calendar days. If your medical provider keeps you off work for 5 or more consecutive calendar days, benefits are paid from the start of the disability. Your employer may not make you use sick leave or vacation first.

Paid back for the waiting days

If your disability lasts 5 or more consecutive calendar days, you are paid for the whole period of disability, including the first days.

First payment

Once your claim is accepted and you are eligible, wage-loss benefits are paid every 14 days. WSI periodically mails you an Income and Work Status letter (FL214); return it right away so payments are not interrupted.

How often you are paid

Every 14 days

Law: N.D.C.C. § 65-05-08

Source: workforcesafety.com

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer