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

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 58502­
(701) 328-­9900 or (800) ­701-­4932

North Dakota Workers Compensation
500 East Front Avenue
Bismarck ND 58504­
(701) ­328-­3800 or (800) 777­-5033

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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