In North Dakota, every claim goes to one place. WSI is the only workers comp insurer in the state, so the agency that pays benefits is the same one that denies them.
That shapes your options. When WSI issues an order you disagree with, you have 45 days from the date on the order to challenge it. WSI also pays up to $500 for a legal consultation, so an attorney can review the order before you choose a path.
What WSI pays each week
Wage-loss checks equal two-thirds of your gross average weekly wage. For a first disability from July 1, 2026, the weekly maximum is $1,614 and the minimum is $775.
Two limits shape the number. The check cannot be more than your take-home pay after taxes and the checks themselves are not taxable. You also get no wage-loss checks unless you miss 5 or more consecutive days of work, so a short absence may bring medical care but no wage-loss check.
To compare these figures with your own pay, try our benefit calculator.
| Weekly check | two-thirds (66 2/3%) of your gross average weekly wage |
|---|---|
| Weekly cap, first disability from July 1, 2026 | $1,614 |
| Weekly minimum, first disability from July 1, 2026 | $775 |
| When wage-loss checks start | no wage-loss checks unless you are off work 5 or more consecutive days |
North Dakota's short reporting window
- Tell your employer: within 7 days of the accident, unless you have good cause.
- File your claim with WSI: within one year after the injury.
- Challenge a WSI order: within 45 days of the date on the order.
- Request a hearing: within 45 days of the order or of the notice from the Decision Review Office.
Seven days passes fast when you are hurt. Report the injury the day it happens if you can and file the WSI claim well before the one-year mark.
Two paths after a WSI denial
The first path is the Decision Review Office (DRO), an informal review inside WSI. It is free to use. The second path skips the DRO: you can ask for an administrative hearing right away.
Which path fits depends on the order and your medical records. Read the order closely, then look up any confusing terms in our letter explainer. For broader background, see our page on a denied claim.
Hiring a lawyer against WSI
When you win in whole or in part, WSI pays your attorney fees up to legal limits. By statute the fee can reach 20% of the amount awarded, with a dollar cap set by rule. Separately, WSI pays up to $500 for a legal consultation. You can reach WSI at 800-777-5033 and its main site posts forms and claim tools.
People also ask
Can I pick my own doctor in North Dakota?
If your employer has a designated medical provider, you use that provider. If it has none, you may treat with a provider of your choice.
Is my WSI check taxed?
No. Wage-loss checks are not taxable, which is one reason the check cannot be more than your take-home pay.
Do I have to use the Decision Review Office first?
No. The DRO is free, but you can skip it and request an administrative hearing directly. Either way, the 45-day clock from the date on the order still applies.