Construction Site Injuries in North Dakota
Whether an injured construction worker in North Dakota can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Injured construction workers are covered by North Dakota's workers' compensation law: a worker whose employer paid premiums to the state fund cannot sue that employer or its employees and must look to the fund, except for an injury caused by the employer's intentional act done with the… N.D. Cent. Code §§ 65-01-01.1, 65-01-08, 65-01-09
| Construction site injuries | Injured construction workers are covered by North Dakota's workers' compensation law: a worker whose employer paid premiums to the state fund cannot sue that employer or its employees and must look to the fund, except for an injury caused by the employer's intentional act done with the conscious purpose of injuring the worker (or where the employer was uninsured). The worker may still claim benefits and also sue another party whose legal liability caused the injury, such as another contractor or an equipment maker. No North Dakota statute imposing special liability on owners or contractors for falls from heights (a 'scaffold law') was located; a full-code review was not done. |
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| Fault rule (comparative negligence) | Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert. Source: N.D. Cent. Code § 32-03.2-02 |
| Deadline to sue for an injury | Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander. |
More North Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in North Dakota
- Wrongful Death Lawsuits in North Dakota
- Medical Malpractice Rules in North Dakota
- Car Accident Claims in North Dakota
- Dog Bite Liability in North Dakota
- Sidewalk and Public Property Falls in North Dakota
- Motorcycle Accident Claims in North Dakota
- Pedestrian Accident Claims in North Dakota
- Bicycle Accident Claims in North Dakota
- Uber and Lyft Accident Claims in North Dakota
- Truck Accident Claims in North Dakota
- All North Dakota personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in North Dakota?
Injured construction workers are covered by North Dakota's workers' compensation law: a worker whose employer paid premiums to the state fund cannot sue that employer or its employees and must look to the fund, except for an injury caused by the employer's intentional act done with the conscious purpose of injuring the worker (or where the employer was uninsured). The worker may still claim benefits and also sue another party whose legal liability caused the injury, such as another contractor or an equipment maker.
Can you recover damages if you were partly at fault in North Dakota?
Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert.
What is the statute of limitations for personal injury in North Dakota?
Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.