Detailed Answer
When you file a lost wage claim under North Dakota law, you must list your employer’s legal name as registered with the North Dakota Secretary of State. Employers sometimes operate under a trade name or “doing business as” (d/b/a), which does not match their formal name. This mismatch can cause claim delays or denials. Follow these steps to address the discrepancy:
1. Confirm the Legal Entity Name
Search the North Dakota Secretary of State’s business entity database (firststop.sos.nd.gov). Locate your employer by entering the trade name. Note the exact legal name, including suffixes (Inc., LLC).
2. List Both Names on the Claim Form
On the lost wage claim form, enter the legal name followed by the trade name in parentheses. Example: “ABC Holdings, Inc. (d/b/a Acme Manufacturing).” This format ensures the claims administrator recognizes both names.
3. Provide Supporting Documents
If the form lacks space for both names, submit a cover letter or attachment. Include:
- A copy of the Secretary of State record showing the d/b/a and legal name.
- Your employment contract or pay stub showing the trade name.
4. Reference Relevant Statutes
Under NDCC 65-05-02(6) (“employer” definition) and NDCC 65-05-03 (lost wage benefit rules), insurers require accurate entity names to process indemnity benefits: NDCC 65-05-02, NDCC 65-05-03.
5. Correcting an Existing Claim
If you already filed under the d/b/a only, file an amended claim. Submit a “Notice of Change” or corrected claim form through the ND Workforce Safety & Insurance portal or mail it to the insurer. Keep delivery proof.
Disclaimer
This article is for general education and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Verify the employer name before filing to avoid delays.
- Keep copies of all filings and correspondence.
- Use certified mail or electronic receipt for important documents.
- Contact ND Workforce Safety & Insurance customer service for form guidance.
- Consult an attorney if your claim still faces denial.