Free North Dakota Workers' Compensation FAQs | Free North Dakota Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Workers` compensation coverage is mandatory for most employment. North Dakota Workers Compensation (NDWC) is the only provider in North Dakota, so, unless your employer falls into one of the following categories, they are required to secure a policy with NDWC.

Licensed real estate brokers and agents with written agreements defining them as independent contractors.
Farm and ranch labor, certain household domestic workers, and religious organization employees.
Independent contractors, corporate officers, selfemployed persons, and volunteers.
Federal and railroad employees.
The employer`s spouse and children under the age of 22.
Spouses of sole proprietors, partners, or corporate officers.
Newspaper carriers.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

You must report your injury to your employer within 7 days after an accident or when the general nature of the injury becomes apparent.

Report all onthejob injuries to your supervisor immediately, even if you do not feel it is important to see a doctor. By reporting your injury immediately, you will alert your employer to a potential hazard.

Within 7 days of receiving notice of a work injury from an employee, your employer is required to file a C2 form with NDWC. If your employer does not, NDWC may consider that to be an admission that the alleged injury may be work related.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

If your employer participates in the Risk Management Program and has a designated medical provider to care for employees, you are required to see that provider for medical care (this applies unless you had previously informed your employer, in writing, of a different medical provider selection before any injury occurred). If you do not see your employer`s designated medical provider or the different medical provider selection you may have chosen before an injury occurred, and you choose your own medical provider at the time of your injury, it may result in nonpayment of medical benefits and you will be liable for the medical costs.

If your employer does not have a designated medical provider in place, you may seek treatment from the medical provider of your choice.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If you lose wages because of an inability to perform your preinjury job due to your injury, you will be paid 2/3 of the difference between your preinjury gross weekly wages and your gross weekly wages you earn after your injury. Benefits may not exceed 110% of the state`s average weekly wage. TPD benefits end when your wages return to at least 90 percent of your preinjury gross weekly wages. The receipt of TPD benefits cannot exceed 5 years.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you receive a Notice of Decision (denial), and you believe this decision is wrong, you must write to NDWC within 30 days of the date the Notice was mailed to you, asking to have the decision reconsidered (this must be in writing). You must explain why you think the decision is wrong, and you should provide any additional information you want NDWC to consider. Please include your claim number on all correspondence. If you do not request reconsideration within 30 days, the decision becomes final. If you do request reconsideration, one of two things will happen next:

If, after reviewing the additional information you provided, NDWC agrees with you that its decision was wrong, NDWC will reverse the Notice of Decision and award benefits or if NDWC does not agree that its decision was wrong, NDWC will issue an administrative order further explaining the reasons for the decision. You can contact the Office of Independent Review within 30 days from the date the order was mailed to you. In your letter, explain why you think the decision is wrong or explain what other assistance you would like. If you choose not to seek the assistance of the Office of Independent Review, you can write to NDWC and request a hearing. If you do not request assistance from the Office of Independent Review or request a hearing within 30 days from the date the order was mailed to you, the order becomes final and may not be appealed.

You may contact the Office of Independent Review at the following address or phone number.

Office of Independent Review
2525 East Rosser Avenue
Suite 4
Bismarck, ND 585021175
(701) 3289900 or 18007014932

North Dakota Workers Compensation
500 East Front Avenue
Bismarck ND 585045685
7013283800
18007775033

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

If you will be off work for five or more calendar days in a row or have a reduction in earnings, your claim is a wageloss claim. Temporary Total Disability (TTD) If your work disability is total, but only temporary, and your doctor has taken you off work for five or more calendar days in a row, you will be paid a weekly compensation rate of 2/3 of your gross weekly wages at the time of your disability. Benefits may not exceed 110% of the state`s average weekly wage.

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