Filing a Claim
North Dakota Workforce Safety & Insurance (WSI) encourages you to work with your employer when filing a claim. A claim should be filed immediately after a work-related injury occurs, or within 24 hours of occurrence by completing the First Report of Injury (FROI).
Timeframes for Reporting an Injury
- WSI encourages injured employees and employers to immediately (within 24 hours of occurrence and after medical treatment is received) file a claim with WSI after a work-related injury occurs. Immediate notification allows better and more effective management of the claim. If medical treatment has occurred, you will need to complete a FROI form.
- The law states that you should notify your employer of a work-related injury within seven days after an accident or when the general nature of your injury becomes apparent. You have one year from the date of the injury (or first treatment) or when a reasonable person should have known the condition was work related.
The Statute of Limitations for Filing a Claim
- All claims for benefits must be filed within one year after an injury or within two years after a death. The date of injury is the first date that a reasonable person knew or should have known that a work-related injury occurred.
- Please be sure to report all on-the-job injuries to your supervisor immediately, even if you do not feel it is important to see a doctor. By reporting your injury immediately, you may alert your employer to a potential hazard.
Your Right to File
You have the right to file a claim for a work-related injury. It is against the law for your employer to harass, discharge, and refuse to hire, or, in any instance, discriminate against you for exercising your rights under the Workers’ Compensation or Occupational Diseases Acts. You may report this type of conduct displayed by an employer to the North Dakota Department of Labor for their review.
Your employer is required to file a FROI form with WSI within seven days of receiving notice of an injury from an employee. If we do not receive that form, we contact the employer to obtain a signed FROI. If WSI does not receive the form from the employer, WSI will waive the employer's section of the FROI and process the claim without it.
Confidentiality of Claim Information
- Most information contained in a claim file is confidential and is not open to the public. WSI may provide information to doctors and other health care providers who are treating you or advising WSI. This may include vocational case managers, medical case managers, and your employer at the time of your injury. Additionally, you can grant file access to anyone you wish.
- Information that is available to the public (upon request) is your name; date of birth; injury date; employer name (at the time of injury); type of injury (the body part injured); whether the claim is accepted, denied, or pending (claim status); and whether the claim is in active or inactive pay status.
Reopening a Presumed Closed Claim
- A claim is presumed closed if WSI has not paid any benefits for a period of four years. If you are experiencing symptoms relating to a prior compensable claim, you may be eligible for reinstatement of benefits. To reopen a presumed closed claim, you must provide clear and convincing medical evidence that the original compensable injury is the primary cause of your current symptoms.
- To file for reinstatement of benefits, write a letter explaining the circumstances of your condition or contact your claims adjuster to discuss. If benefits are reinstated, medical and disability benefits can only be paid for the 30 days prior to the date your written request is received by WSI.
Any condition or impairment of health of a full-time paid firefighter or law enforcement officer caused by lung or respiratory disease, hypertension, heart disease, or exposure to blood borne pathogens as defined by sections 23-07.3-01 and 23-07.3-02, or occupational cancer in a full-time paid firefighter, is presumed to have been suffered in the line of duty. Full-time North Dakota Parks and Recreation department personnel appointed to peace office status by the director of the North Dakota Parks and Recreation are included in the presumption statute. Please see NDCC 65-01-15.1 refer to for further additional conditions and exceptions.