Statute of Limitations
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
6 years (civil lawsuit against third parties); WSI workers' comp claim within 1 year
Where to File in North Dakota
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.
Exposure in North Dakota
Source: North Dakota Workers' Compensation — Workforce Safety and Insurance (WSI)
Source: North Dakota Century Code § 28-01-16