North Dakota workers compensation laws can be very complex. Therefore, it is often wise to hire an experienced lawyer to handle such cases, especially when your employer refuses to pay compensation to you for work-related injuries or diseases. The laws have provided you certain legal rights, which you must be well aware of.
Mandatory For Employers
As per the laws, it is legally mandatory for all employers to carry workers compensation insurance coverage. Unlike the laws applicable in the majority of other states in the US, there are no numeral exceptions under North Dakota workers compensation laws. Besides that, waivers are also not permitted.
Choice Of Doctor
When a worker gets injured at the workplace or suffers from a disease because of the hazardous factors that the workplace is exposed to, the employer has the right to choose the doctor for his or her treatment. However, workers also have an option to choose a specific physician but only prior to injuries. It means while joining, the employees and employers can sign an agreement where the employees mention the contact details of a specific set of doctors, which they will choose from for treatment in case of occupational injuries. But, if no such agreement is in place, the employees must get treatment under the doctor chosen by their employer. If workers refuse to get treatment under the physician selected by their employers, they may get disqualified for any monetary benefits under the North Dakota workers compensation laws.
Waiting Period
It is very important to note that there is a waiting period of four days before an injured worker becomes eligible for compensation benefits for occupational injuries and illnesses. It means for the initial four days, employers are not required to make any payment to the injured employee. But, they must start making the payment from the fifth day. In fact, if the disability caused by the injuries continues for more than five days, employers must make payment for the first four days also.
Last, but not the least, it is also important to note that North Dakota workers compensation laws have imposed a maximum limit on the fee charged by lawyers for these types of cases. The maximum limit is $9,356 at the Supreme Court level and is $4,620 at Administrative Hearing level.