If you work in North Dakota and you are injured while at work you will still have bills to pay and perhaps a family to feed. Fortunately, you are not left to suffer this financial blow on your own as you should be eligible to file a claim for workers’ comp. claim. This is an amount of money you are entitled to in order to ensure you are financially secure until you can return to work. It’s the responsibility of your employer to take out insurance to cover you. This doesn’t mean filing a claim for workers’ comp. is easy as often the employer and insurer try to block it. If your claim is denied, you will need to talk to a workers’ comp. attorney to ensure you get your workers’ comp. entitlements. WC Law in North Dakota It’s the North Dakota Century Code which determines what workers’ compensation is offered to employees and it is loss of earnings and the cost of medical treatment. The North Dakota Workforce Safety & Insurance (WSI) administers the law and disputes about compensation claims. North Dakota law requires that most employers insure their employees whether they are part-time, full-time or seasonal workers. There are a few exceptions such as licensed real estate concerns, newspaper delivery workers, ranch and farm workers, domestic workers and those who have not yet reached 22 years old but are classified as employees. North Dakota does allow the employee to sue for damages if his or her employer has failed to take out workers’ comp. insurance and an industrial illness is suffered or a serious injury takes place. The Reasons for a WC Denial in North Dakota An insurer’s role is to take money from people who fear they may lose the value of something if it’s, lost, damaged or stolen. When it comes to the insured making a claim the insurer will have a string of excuses ready to avoid paying the value of the product or even paying it at all. In a workers’ comp. claim there are a number of common reasons for an insurer being unwilling to match a claim which include: the applicant has missed the deadline date; there is missing information on the claim form; the applicant claimed an injury happened at work but the insurer believes it didn’t; the cost of medical treatment didn’t match what the insurer expected. Fortunately for employees in North Dakota the insurer’s response doesn’t close the claim completely as an appeal can be filed. Appealing a WC Denial in North Dakota If on receipt of a Notice of Decision, you think a mistake has been made don’t leave it at that as you can file a written request with the WSI, asking it to look carefully at the claim and reconsider the result. You must do this within thirty days of being in receipt of the notice. If the WSI finally agrees that the first decision was wrong the Notice of Decision will be reversed and the workers’ comp. benefit will be awarded. If you receive another decision called an Administrative Order which agrees with the 1st decision the case isn’t necessarily closed as you can write within thirty days of receiving the notice a letter to the Decision Review Office (DRO) explaining why you think the final decision was wrong and you can ask for an administrative hearing. The DRO will contact their attorney who will send a request to the Office of Administrative Hearings asking for an Administrative Law Judge to lead a hearing. You can attend and bring with you any witnesses and appoint an attorney to help you through the process. Following the hearing, a decision will be released by the Administrative Law Judge within thirty days. If you are not satisfied you can file an appeal with the North Dakota District Court. If this does not work in your favor, you may appeal through the North Dakota Supreme Court appeal. Why You Need an Attorney for a WC Denial in North Dakota If you are convinced that you are entitled to workers’ comp., but your claim has been denied you will need every little bit of help you can get so it’s advisable to consider seeking advice from an experience North Dakota workers’ comp. attorney who will help to ensure you get your workers’ com. entitlements.
