How to File a Workers' Compensation Claim in North Dakota
Reviewed by DocDraft Legal Team · North Dakota · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits without having to prove the employer was at fault. In North Dakota, workers' compensation is a state monopoly fund: benefits come from Workforce Safety & Insurance (WSI), the sole insurer, which both administers claims and adjudicates disputes. There is no private insurer and no employer-provided claim form like California's DWC-1. You file your claim directly with WSI. Two deadlines are critical. You must notify your employer of the accident and the general nature of your injury no later than 7 days after the accident, or after that nature becomes apparent (N.D.C.C. 65-05-01.2). Separately, you must file your original written claim for benefits with WSI within one year after the injury, or within two years after a work-related death (N.D.C.C. 65-05-01). You file on WSI's claim form, the First Report of Injury, with a doctor's certificate (N.D.C.C. 65-05-02). A WSI adjuster decides the claim, and if it is denied you can seek reconsideration, an administrative hearing, and appeal under N.D.C.C. chapter 65-10. Attorney review of your claim is available through DocDraft.
Find out where you stand in North Dakota
Where are you after your work injury?
DocDraft provides document preparation, not legal advice.
How do I file a workers' compensation claim in North Dakota?
First, notify your employer of the accident and the injury's general nature within 7 days (N.D.C.C. 65-05-01.2). Then file an original written claim for benefits directly with Workforce Safety & Insurance, the state fund, on WSI's form. You generally have one year from the injury to file.
How long do I have to file a workers' compensation claim in North Dakota?
Two deadlines matter. You must notify your employer within 7 days of the accident or when the injury's nature becomes apparent (N.D.C.C. 65-05-01.2). Separately, you generally have one year from the injury to file your original claim with WSI (N.D.C.C. 65-05-01). Missing either can jeopardize your benefits.
What is the WSI claim form in North Dakota?
North Dakota uses a state fund, so you file directly with Workforce Safety & Insurance rather than a private insurer. You submit WSI's claim form, the First Report of Injury, online, by mail, or by fax. State law requires the claim on WSI's form plus a doctor's certificate (N.D.C.C. 65-05-02).
Who handles workers' compensation claims in North Dakota?
North Dakota Workforce Safety & Insurance (WSI) is the state's sole workers' compensation insurer and administers every claim. A WSI adjuster reviews your claim and issues a written decision. WSI also adjudicates disputes: its decisions are final except through reconsideration, an administrative hearing, and appeal under N.D.C.C. chapter 65-10.
North Dakota workers' compensation claim law at a glance
In North Dakota, workers' compensation gives an employee injured on the job medical care and wage-replacement benefits from a state fund, regardless of fault. The system is a state monopoly run by Workforce Safety & Insurance (WSI), the sole insurer, which both administers claims and adjudicates disputes. You must notify your employer of the accident and the injury's general nature no later than 7 days after the accident or after that nature becomes apparent (N.D.C.C. 65-05-01.2). You then file an original written claim for benefits directly with WSI, on WSI's form and with a doctor's certificate (N.D.C.C. 65-05-02). That claim must be filed within one year after the injury, or within two years after a work-related death (N.D.C.C. 65-05-01). If WSI denies the claim, you can seek reconsideration and a hearing.
Filing a North Dakota WSI claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Fargo warehouse. You tell your supervisor the same day and, well inside the 7-day window, give notice of the accident and the injury's general nature (N.D.C.C. 65-05-01.2). Because North Dakota is a state fund, you file your original claim directly with Workforce Safety & Insurance on WSI's form, attaching your doctor's certificate (N.D.C.C. 65-05-02). WSI assigns an adjuster, who starts paying for medical treatment but later disputes your wage-replacement benefits. Because you must file within one year of the injury (N.D.C.C. 65-05-01), you filed early, and you now request reconsideration through WSI's Decision Review Office. Attorney review of your claim is available through DocDraft.
Relevant Laws
N.D.C.C. 65-05-01.2 (7-day notice of injury to employer)
Provides that when an employee is involved in an accident on the job, the employee must take steps immediately to notify the employer, and that, absent good cause, notice may not be given later than seven days after the accident occurred or the general nature of the injury became apparent.
N.D.C.C. 65-05-01 (one-year period to file a claim with WSI)
Requires that all original claims for benefits be filed by the injured employee, or someone on the employee's behalf, within one year after the injury or within two years after the death, and defines the date of injury as when a reasonable person knew or should have known of a work-related injury.
N.D.C.C. 65-05-02 (claim form and doctor's certificate)
Requires that every claim be made on forms furnished by Workforce Safety & Insurance, contain all required information, be signed by the person entitled to compensation, and, except in case of death, be accompanied by a certificate of the employee's doctor stating the nature and probable extent of the disability.
N.D.C.C. 65-05-03 (WSI jurisdiction and finality of decisions)
Gives Workforce Safety & Insurance full power and authority to hear and determine all questions within its jurisdiction, and provides that its decisions, except as provided in chapter 65-10, are final and entitled to the same faith and credit as a judgment of a court of record.
North Dakota Workforce Safety & Insurance (WSI), injured-worker information
WSI is North Dakota's state workers' compensation fund and sole insurer. Its injured-worker resources explain how to report a work injury, file the First Report of Injury claim form, and pursue reconsideration or an administrative hearing if a claim is denied.
Regional Variances
North Dakota workers' compensation claim rules at a glance
Reporting deadline
No later than 7 days after the accident occurred or the general nature of the injury became apparent, under N.D.C.C. 65-05-01.2. Notice may be oral or written. Failing to notify can affect whether WSI finds the injury compensable.
Claim form and insurer
North Dakota is a state monopoly fund. You file directly with Workforce Safety & Insurance (WSI) on WSI's claim form, the First Report of Injury, with a doctor's certificate (N.D.C.C. 65-05-02). There is no private insurer or employer-issued form.
Filing deadline
One year after the injury to file the original claim with WSI, or two years after a work-related death (N.D.C.C. 65-05-01). The date of injury runs from when a reasonable person knew or should have known of the work-related injury.
Who administers it
Workforce Safety & Insurance (WSI), the state's sole workers' compensation insurer. WSI both administers claims through its adjusters and adjudicates disputes, with its decisions final except as provided in N.D.C.C. chapter 65-10.
How disputes are handled
Request reconsideration through WSI's Decision Review Office, then an administrative hearing before an administrative law judge, with appeal to state district court under N.D.C.C. chapter 65-10. Each stage carries its own deadline, so act promptly.
Suggested Compliance Checklist
Notify your employer of the injury
Within 7 days of the accident days after startingNotify your employer of the accident and the general nature of your injury no later than 7 days after it occurred or became apparent (N.D.C.C. 65-05-01.2). Notice can be oral or written. Failing to notify can affect whether WSI finds your injury compensable, so do this immediately and keep a dated record.
Get WSI's claim form
As soon as you report the injury days after startingBecause North Dakota is a state fund, get the WSI claim form, the First Report of Injury, from WSI's website, your employer, or by contacting Workforce Safety & Insurance directly. You can file it online, by mail, or by fax, so confirm the current submission options with WSI.
Complete and file your claim with WSI
As soon as you receive the form days after startingFill out WSI's claim form, describing the injury and affected body parts, sign it, and attach the doctor's certificate state law requires (N.D.C.C. 65-05-02). File the claim directly with WSI to open your case and keep a copy. Attorney review of your claim is available through DocDraft.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment for your injury and keep every medical record, bill, and letter from WSI. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the WSI adjuster later disputes benefits or requests more information about your injury.
Track WSI's decision and deadlines
While the claim is pending days after startingA WSI adjuster will accept or deny your claim in writing. Calendar any deadline WSI sets for information, keep proof of what you sent, and note the date of injury so you can protect the one-year filing window under N.D.C.C. 65-05-01.
Request reconsideration or a hearing if denied
Promptly after a WSI denial days after startingIf WSI denies or underpays your claim, request reconsideration through WSI's Decision Review Office, then an administrative hearing before an administrative law judge, with appeal to district court under N.D.C.C. chapter 65-10. Each stage has its own deadline, so act promptly to protect your rights.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Notify your employer of the injury | Notify your employer of the accident and the general nature of your injury no later than 7 days after it occurred or became apparent (N.D.C.C. 65-05-01.2). Notice can be oral or written. Failing to notify can affect whether WSI finds your injury compensable, so do this immediately and keep a dated record. | - | Within 7 days of the accident |
| Get WSI's claim form | Because North Dakota is a state fund, get the WSI claim form, the First Report of Injury, from WSI's website, your employer, or by contacting Workforce Safety & Insurance directly. You can file it online, by mail, or by fax, so confirm the current submission options with WSI. | - | As soon as you report the injury |
| Complete and file your claim with WSI | Fill out WSI's claim form, describing the injury and affected body parts, sign it, and attach the doctor's certificate state law requires (N.D.C.C. 65-05-02). File the claim directly with WSI to open your case and keep a copy. Attorney review of your claim is available through DocDraft. | - | As soon as you receive the form |
| Get medical care and keep records | Seek treatment for your injury and keep every medical record, bill, and letter from WSI. Documenting the diagnosis, treatment dates, and any work restrictions supports your claim if the WSI adjuster later disputes benefits or requests more information about your injury. | - | Ongoing after the injury |
| Track WSI's decision and deadlines | A WSI adjuster will accept or deny your claim in writing. Calendar any deadline WSI sets for information, keep proof of what you sent, and note the date of injury so you can protect the one-year filing window under N.D.C.C. 65-05-01. | - | While the claim is pending |
| Request reconsideration or a hearing if denied | If WSI denies or underpays your claim, request reconsideration through WSI's Decision Review Office, then an administrative hearing before an administrative law judge, with appeal to district court under N.D.C.C. chapter 65-10. Each stage has its own deadline, so act promptly to protect your rights. | - | Promptly after a WSI denial |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and wage-replacement benefits without proving fault. In North Dakota, benefits come from a state fund, Workforce Safety & Insurance (WSI), and you open a claim by filing WSI's claim form directly with WSI.
Reporting means telling your employer about the accident and the injury's general nature, which you must do within 7 days (N.D.C.C. 65-05-01.2). Filing the claim is the separate step of submitting WSI's claim form directly to Workforce Safety & Insurance. Reporting to your employer comes first; filing your WSI claim follows.
You must notify your employer no later than 7 days after the accident occurred, or after the general nature of your injury became apparent (N.D.C.C. 65-05-01.2). Notice can be oral or written. If you fail to notify, WSI may weigh that when deciding whether your injury is compensable (N.D.C.C. 65-05-01.3).
You generally have one year after the injury to file your original claim for benefits with WSI, or two years after a work-related death (N.D.C.C. 65-05-01). The date of injury is the first date a reasonable person knew or should have known of a work-related injury causing lost wages or medical treatment.
Reporting late can jeopardize your claim. N.D.C.C. 65-05-01.3 provides that if you fail to notify your employer of the accident and the general nature of your injury, WSI may consider that failure in determining whether your injury is compensable. Report as soon as you can and keep a dated record.
WSI resolves disputes. A WSI adjuster first decides your claim, and if you disagree you can request reconsideration through WSI's Decision Review Office, then an administrative hearing before an administrative law judge. WSI's decisions are final except through the appeal process in N.D.C.C. chapter 65-10, which ends in district court.
No. North Dakota workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose in the course of your employment. In exchange, benefits paid by WSI replace claims against your employer.
If WSI denies or underpays your claim, you can request reconsideration through WSI's Decision Review Office, then an administrative hearing before an administrative law judge, with appeal to state district court under N.D.C.C. chapter 65-10. Each stage has its own deadline, so act promptly. Attorney review of your case is available through DocDraft.
Other North Dakota guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.