Oil Field Injuries in North Dakota: Workers' Comp Basics

Oil and gas work in western North Dakota involves heavy equipment, long shifts, extreme weather, and long drives between sites. When someone is hurt, two legal systems may come into play. The first is workers' compensation, which covers work injuries regardless of fault in most cases. The second is a possible claim against someone other than the employer, often called a third-party claim.

This guide explains both in general terms. It focuses on the North Dakota workers' compensation process as described by the state agency, because that is where most injured workers start.

North Dakota's workers' compensation agency

In North Dakota, workers' compensation claims go to Workforce Safety & Insurance (WSI), the state agency that handles injury reports, claims, and benefits. If you have worked in other states, the process here may look different from what you know, so read WSI's own instructions rather than relying on past experience.

WSI also has pages for out-of-state employers working in North Dakota. If your employer is based elsewhere, ask early how your claim will be handled.

Reporting an injury

WSI's Reporting an Injury page gives the basic steps:

• If the injury is life-threatening, go to the nearest emergency room and tell the provider it is work-related.
• In all other cases, report the injury to your employer as soon as possible.
• Ask your employer for its list of Designated Medical Providers. WSI warns that treating with your own provider may result in medical benefits not being covered. If your company has no designated provider, you may choose your own.
• Tell your medical provider it is a workers' compensation injury and ask them to send records to WSI.

A claim starts with the First Report of Injury, called the FROI. WSI accepts it online, by fax, or by mail. WSI also asks injured workers to report all on-the-job injuries to the employer right away, even if they do not feel the need for medical care.

The filing timeframe

WSI states that all claims must be filed within one year after an injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred.

This matters for injuries that develop over time, such as back problems from repeated heavy lifting or hearing loss from loud equipment. Do not wait to see if the problem goes away on its own.

What happens after you file

According to WSI's claims process page, WSI registers a claim when it receives the FROI and generally assigns a claim number within 24 hours. You receive a letter naming your claims adjuster. That letter does not mean the claim is accepted yet.

The adjuster reviews the facts and decides to accept or deny the claim under North Dakota law. Both you and your employer get the decision in writing. If the claim is accepted and you qualify for wage-loss benefits, WSI explains that you will need to return income and work status forms so benefits are not interrupted. After medical visits, your provider completes a Capability Assessment form, and you share copies with WSI and your employer.

WSI also says your employer must file a FROI within seven days of getting notice of your injury. If the employer does not, WSI can process the claim without the employer's section.

If your claim is denied

A denial notice explains the reasons. WSI says that if you disagree, you can ask for reconsideration and then use the appeal process described on its site. WSI also runs an Injured Worker Assistance Program. Appeal steps have their own time limits, so read every letter carefully and act quickly.

Third-party claims

Workers' compensation generally limits lawsuits against your own employer for a work injury. Oil field sites, though, often involve many companies at once: operators, drilling contractors, service companies, trucking firms, and equipment makers. If someone other than your employer caused or contributed to the injury, you may have a separate claim against that party.

Examples can include:

• A crash caused by another company's truck driver
• Defective equipment or tools
• Unsafe conditions controlled by a different contractor on site

A third-party claim works differently from workers' compensation. It usually depends on proving fault, and it can involve losses that workers' compensation does not cover. It also interacts with your WSI benefits in ways that need careful review. A lawyer can explain how any recovery may affect your claim.

Evidence to keep

• Your employer's name, the site location, and the operator's name
• Names of other companies and workers at the site
• Photos of the scene, equipment, and your injuries, if it is safe and allowed
• Copies of your FROI, WSI letters, and claim number
• Medical records, Capability Assessment forms, and work restrictions
• Pay records, including overtime and per diem

When to talk with a lawyer

Many workers file a WSI claim without a lawyer. A lawyer can help when a claim is denied, benefits stop, the injury is serious or long-term, or another company may share responsibility. Some lawyers handle third-party claims on a contingency fee. Ask how fees work for each type of claim.

You can browse lawyers in North Dakota and read about the workers' compensation practice area. The North Dakota Court System's finding a lawyer page lists ways to find a lawyer and Legal Services of North Dakota.

Frequently asked questions

How long do I have to file a workers' comp claim in North Dakota?

WSI says claims must be filed within one year after an injury, or within two years after a death.

Can I see my own doctor?

WSI says to ask your employer for its Designated Medical Providers. Treating elsewhere may mean medical benefits are not covered, unless your company has no designated provider.

Can I sue another company for my oil field injury?

Possibly, if a party other than your employer contributed to the injury. A lawyer can review the facts.

What if WSI denies my claim?

You can ask for reconsideration and follow WSI's appeal process. Watch the deadlines in your decision letter.

General information, not legal advice. Laws change and every case is different — talk to a licensed North Dakota attorney about your situation.