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North Dakota · Work site injury: what can I do?

Work site injury: what can I do?

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Filing deadline6 years (civil lawsuit against third parties); WSI workers' comp claim within 1 yearNorth Dakota Century Code § 28-01-16

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in North Dakota?

North Dakota: 6 years from injury for civil lawsuits against third parties; workers' comp administered exclusively by WSI (Workforce Safety and Insurance); formal claim within 1 year A lawyer can confirm yours.

6 years (civil lawsuit against third parties); WSI workers' comp claim within 1 year

Source: North Dakota Century Code § 28-01-16

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

North Dakota has a monopolistic state workers' comp fund (WSI) — workers cannot sue their employer and must obtain workers' comp from the state fund; third-party civil lawsuits against non-employer defendants remain available with a 6-year statute of limitations

North Dakota has a unique monopolistic workers' compensation system — all workers' comp is provided exclusively through Workforce Safety and Insurance (WSI), the state fund. Workers cannot purchase private workers' comp insurance. The exclusive remedy doctrine bars lawsuits against direct employers, but third-party civil lawsuit rights against GCs, equipment manufacturers, and property owners remain intact. North Dakota's 6-year civil lawsuit statute of limitations is one of the most generous in the country. Federal OSHA governs North Dakota construction. Williston Basin oil field construction, Fargo/Bismarck commercial construction, and infrastructure projects are the primary construction accident contexts.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for North Dakota.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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Sources

  1. North Dakota Century Code § 28-01-16