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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 54782
Experience:  Licensed attorney helping employers and employees.
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I live in North Dakota, USA I believe my rights have been

Customer Question

I live in North Dakota, USA
I believe my rights have been violated.  My date of injury was Oct 1st, and reported to the employer same day as he was there to see me off on the ambulance.  He filed his First Report of Injury on Oct 10th and he only has seven days to do so.     North Dakota Century Code, Sec. 65-05-01.4. Employer to file first report of notice of injury.
The employer shall file a first report of notice of injury with the organization within seven days from the date the employer receives the notice of injury from the employee. Failure of the employer to file a first report of notice of injury is an admission by the employer that the alleged injury may be compensable. The organization may make or reopen a determination made without an employer's first report of notice of injury on its own motion pursuant to section 65 - 05 - 04 on the grounds determined by the organization to be sufficient.
65-05-04. Organization has continuing jurisdiction over claims properly filed.
If the original claim for compensation has been made within the time specified in section
65-05-01, the organization at any time, on its own motion or on application, may review the
award, and in accordance with the facts found on such review, may end, diminish, or increase
the compensation previously awarded, or, if compensation has been refused or discontinued,
may award compensation. There is no appeal from an organization decision not to reopen a
claim after the organization's order on the claim has become final.
Shouldn't this been decided without the employer's report?  Shouldn't another organization have decided if I was denied and not wsi?  That is what I'm gathering reading this.  Please let let me know.
What are my options on what I can do about this? Have a pre hearing on July 2nd and court on July 16th
The way I understand this is, the claim goes to a rep, they work it, if the employer fails within 7 days to do so, claim is made without there input on first one. If he submits it late some ok NE else or a different company looks if he had good cause, if good cause is found the case goes back t ok the rep. If good cause is not found, that other party makes the decision based on the info they had.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Also, aren't pre existing conditions supposed to be insured now by I surname companys? How can I argue that? Is it a good defense that if I wasn't on a semen floor and was at home and fell or fainted that I wouldn't of been hurt.
Customer: replied 1 year ago.
I felt faint due t ok the heat in the work place. Told the boss and went to sit down and I fainted he has a fan I used last year and did not use it this year, someone told hom t ok get me a fan, otherwise I'd faint on him one day and 2 days later I did. Doesn't this put the employer on notice so I should get my claim?
Customer: replied 1 year ago.
Can anyone help?
Expert:  Infolawyer replied 1 year ago.
Hello, are you asking if you can pursue a claim against the employer?
Customer: replied 1 year ago.
I'm asking the questions stated above, I doubt I have a very good claim to sue for pain and suffering, etc.
Expert:  Infolawyer replied 1 year ago.
As a general matter, the employer report would be considered, and typically not sent to another organization before a preliminary review. Consider court action, which can prompt settlement during discovery.
Customer: replied 1 year ago.
This doesn't really answer my questions asked above
Expert:  Infolawyer replied 1 year ago.
What else would you specifically like to know?
Customer: replied 1 year ago.
Please read statement posted. Thank you
Expert:  Infolawyer replied 1 year ago.
Would proceed with hearing. Employer input considered where received.
Should have local counsel.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
First, isn't wsi supposed to cover pre existing conditions according to the affordable care act? So if it triggered my condition. Shouldn't I still be paid?
Expert:  Infolawyer replied 1 year ago.
That is correct. There is no pre existing condition exclusion.
Customer: replied 1 year ago.
Than why are they saying they can? I'm so lost, wsi is still insurance and must follow the laws of the aca, right? Or does the aca have an exclusion for wsi?
Expert:  Infolawyer replied 1 year ago.
No exclusion. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
Can you tell me a case that violatedNorth Dakota Century Code, Sec. 65-05-01.4. Employer to file first report of notice of injury.
The employer shall file a first report of notice of injury with the organization within seven days from the date the employer receives the notice of injury from the employee. Failure of the employer to file a first report of notice of injury is an admission by the employer that the alleged injury may be compensable. The organization may make or reopen a determination made without an employer's first report of notice of injury on its own motion pursuant to section 65 - 05 - 04 on the grounds determined by the organization to be sufficient.Can you tell me a case that won for an employer filing later than 7 days? That would allow me to win my case that way? Thanks
Expert:  Infolawyer replied 1 year ago.
The rule is clear on the implication. Most such cases settle and are not reported. Claimant should cite to the rule and note employer inaction. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Customer: replied 1 year ago.
I have tried and they told me the employer gets 1 year so we are going to court. So that why I'm looking for specific answers to my questions posted above
Expert:  Infolawyer replied 1 year ago.
The court can issue a declaratory judgment enforcing the rule.
It may also encourage and mediate a settlement.
Customer: replied 1 year ago.
Can you find me a case this has happened in? Thank you
Expert:  Infolawyer replied 1 year ago.
They don't get reported. You can refer to the rule and the facts. Good luck. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Customer: replied 1 year ago.
Can someone else take over that can answer, please and thank you

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