WHAT IS WORKERS

COMPENSATION?
Workers compensation laws provide money and medical benefits to
an employee who has an injury as a result of an accident, injury or
occupational disease on-the-job. Workers Compensation is designed
to protect workers and their dependents against the hardships from
injury or death arising out of the work environment. It is intended to
benefit the employee and employer alike. The employee receives
money (usually on a weekly or biweekly basis) and medical benefits
in exchange for forfeiting the common law right to sue the employer.
The employer benefits by receiving immunity from court actions
against them by the employee in exchange for accepting liability that
is limited and determined. The question of negligence or fault is
usually not at issue.
 WHO PAYS FOR WORKERS
COMPENSATION BENEFITS?
Ä mployers are required to obtain coverage. North Dakota Law,
with limited exceptions, requires all employers to secure workers
compensation insurance to cover their full-time, part-time, seasonal,
or occasional employees prior to hiring.

Ä
nder the North Dakota Century Code, workers compensation

provides workers with wage-loss and medical benefits for injuries
sustained in the course of employment. General liability, health, and
accident insurance are not substitutes for workers compensation
insurance.
 WHERE DOES MY EMPLOYER
OBTAIN WORKERS COMPENSATION
INSURANCE COVERAGE?
Ä North Dakota Workers Compensation Law, with limited exceptions,
requires all employers to insure their full-time, part-time, seasonal, and
occasional workers.
Ä Workers compensation insurance coverage is provided for nearly 300,000
employees across the state of North Dakota. Despite safety efforts and
training, nearly 20,000 of those employees are injured on the job each
year.
Ä Workforce Safety & Insurance (WSI) manages and regulates an exclusive
employer-financed, no-fault insurance system covering workplace
injuries, illnesses, and death. WSI is the sole provider and administrator
of the workers compensation system in North Dakota.
 ARE ALL ON-THE-JOB INJURIES COVERED
BY WORKERS COMPENSATION?
Ä Workers compensation covers most, but not all, on-the job injuries. The
workers compensation system is designed to provide benefits to injured
workers, even if an injury is caused by the employer¶s or employee¶s
carelessness. But there are limits. Generally, injuries that happen
because an employee is intoxicated or using illegal drugs are not covered
by workers compensation. Benefits may also be denied in situations
involving:
Ä Self inflicted injuries (including those caused by a person who starts a
fight),
Ä Injuries suffered while a worker was committing a serious crime,
Ä Injuries suffered while an employee was not on the job, and
Ä Injuries suffered when an employee¶s conduct violated company
policy.
 DOES WORKERS COMPENSATION COVER ONLY
INJURIES OR DOES IT ALSO COVER LONG-TERM
PROBLEMS AND ILLNESSES?

Ä our injury need not be caused by an accident²such as a fall

from a ladder± to be covered by workers compensation.
Many workers receive compensation for injuries that are
caused by overuse or misuse over a long period of time²for
example, repetitive stress injuries such as carpal tunnel
syndrome or back and neck problems. ou may also be
compensated for some illnesses and diseases that are the
gradual result of work conditions ±for example hearing loss,
heart conditions, and lung disease.
 DO I HAVE TO BE INJURED AT MY
WORKPLACE TO BE COVERED BY
WORKERS COMPENSATION?

NO
Ä s long as the injury is job-related, it¶s covered. For
example, you will be covered if you are injured while
traveling on business, or even doing a work-related
errand.
 WHAT TYPES OF BENEFITS
WILL I RECEIVE?
Ä Medical benefits
Ä Wage replacement benefits
Ä ermanent artial Impairment (I) benefits
Ä ocational Rehabilitation benefits.
Ä Death benefits
 Can I be treated by my own doctor, and if not,
can I trust a doctor provided by my employer?
Ä If your employer participates in the Risk Management rogram and has a
designated medical provider to care for employees, you are required to
see that provider for medical care unless you inform your employer, in
writing, of your selection of a different medical provider before any
injury occurs. If you do not see your employer's designated medical
provider or the different medical provider you selected before an injury
occurs, and you choose a different medical provider at the time of your
injury, it may result in nonpayment of medical benefits and/or claim
denial and you will be liable for the medical costs.

Ä If your employer does not have a designated medical provider in

place, you may seek treatment from the medical provider of your
choice.
 What if my employer tells me not to file a workers
compensation claim or threatens to fire me if I do?

Ä ou have the right to file a claim for a work-related

injury. It is against the law for your employer to
harass, discharge, refuse to hire, or, in any instance,
discriminate against you for exercising your rights
under the Workers Compensation or Occupational
Diseases cts. ou may report this type of conduct
by an employer to the North Dakota Department of
Labor (www.state.nd.us/labor) for their review.
 IS MY CLAIM INFORMATION
CONFIDENTIAL?
Ä Most information contained in a claim file is confidential and
is not open to the public. 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. WSI may provide information to doctors
and other health care providers who are treating you or
advising WSI; vocational rehabilitation consultants; managed
care representatives; and your employer at the time of your
injury. dditionally, you can grant file access to anyone you
wish.
What do I do if I am injured on the job?
Ä Report your injury, no matter how
minor it appears, to your supervisor as
soon as possible but no later than the
start of the next shift.
 6
 



Ä All incidents and accidents involving
employees, no matter how insignificant
they seem.
Ä This documents relative facts.
Ä rovides a loss control tool.
How do I report an injury not requiring
medical treatment?
For injuries NOT requiring Medical Treatment (minor injuries that require
only first aid), the mployee needs to:

  Notify your agency Workers Compensation Contact;

  ssist the Contact in completion of an on-line incident report to be filed with

Risk Management;

  Completing and filing this form with Risk Management serves as a record of
notification to your employer in the event you require medical treatment in the
future (up to one year)

  An on-line incident report should be submitted to Risk Management

within 24 hours of receiving the report of injury.
 What do I do if my injury requires
medical treatment?
For injuries that do require Medical Treatment,
the mployee needs to:
  Notify your agency Workers Compensation Contact;
  ssist the Contact in completion of an on-line incident report to file
with Risk Management;
  Complete (SFN 2828) and file it with Workforce Safety & Insurance;
  Obtain initial treatment from the pre-selected designated medical
provider;
  Have care provider complete C-3;
  Return C-3 to supervisor or Workers Compensation Contact as soon as
possible, but no longer than 24 hours after treatment.
 What does my employer do if my injury requires
medical treatment?
For injuries that do require Medical Treatment, the mployee¶s
Supervisor/Workers Compensation Contact needs to:
  Complete First Report of Injury Form (FROI) and file it with
Workforce Safety & Insurance (WSI) within 24 hours after learning of
the injury.
 Traumatic Injuries require the Supervisor to immediately file the
FROI and notify Risk Management by phone (328-7583), fax (328-
7585). or email (drwaliser@nd.gov).
 Employee must complete Section 1 and 2 of the FROI form as soon
and as possible, if possible, with the supervisor/Workers Compensation
Contact.
What can I expect after I filed a claim?
Ä You will be contacted by a Claims Adjuster from Workforce Safety
& Insurance (WSI) and, if the claim results in lost work time, you
will be contacted by a Nurse Case Manager.
Ä These professionals will assist you with your claim and help answer
any questions that you may have.
Ä You will also receive a letter in the mail from WSI notifying you that
your claim has been accepted or denied.
Ä If your claim is denied the letter will also explain what steps you can
take to have your claim reviewed.

Ä AT ALL TIMES YOU ARE REQUIRED TO FOLLOW THE

REQUIREMENTS SET FORTH BY YOUR MEDICAL
PROVIDER AND WSI.