Suing Over a Work Injury in North Dakota

Generally no. Workers' compensation is the exclusive remedy: a worker of an employer that paid premiums to the state fund cannot sue the employer or its employees and must look solely to the fund. The only exceptions in the statute are an injury caused by the employer's intentional act done with the conscious purpose of inflicting the injury, and claims against an uninsured employer. A client company and staffing service that secured coverage share the same immunity.

Yes. A worker can receive benefits and also sue another person whose legal liability caused the injury. Workforce Safety and Insurance (WSI) is subrogated to, and has a lien on, 50% of the damages recovered, up to what it has paid or will pay in benefits, and this share cannot be reduced by settlement; WSI pays half the litigation costs and a share of attorney fees on its portion if the worker tells WSI in writing the name and address of the worker's attorney. If the worker does not sue within 60 days after the injury, WSI may sue and keep its full interest. If the worker does not pay WSI's share within 30 days of receiving a recovery, WSI's interest becomes the full recovery up to its benefits.

An uninsured employer loses its immunity from lawsuits. The injured worker (or dependents) may apply to WSI for benefits and may also sue the employer for damages, and the employer cannot use the defenses of the fellow-servant rule, assumption of risk or contributory negligence. WSI is subrogated to the recovery against the employer, and the employer is liable for the premiums, reimbursements, penalties and interest under the law. The claim must be filed within one year after the injury or two years after a death.