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AK
Alaska · workplace

Workplace settlements
in Alaska.

By 6 min read

Alaska applies pure comparative negligence with a statutory cap of $400,000 on non-economic damages, rising to $1M for severe permanent injury. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Alaska's pure comparative negligence and any applicable statutory cap.

Alaska applies pure comparative negligence, which means a workplace claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in workplace settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Workplace injuries in Alaska run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Alaska's caps (non-economic damages cap, punitive damages cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

AK · statute of limitations
2 years from date of injury or discovery

Alaska Stat. § 09.10.070

AK · fault rule
Pure comparative negligence

Pure comparative negligence — recovery available even at 99% claimant fault, reduced proportionally.

AK · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Alaska.

workplace · neighbouring jurisdictions

Compare to neighbours.

How Alaska's fault rule and limitation period compare to other US jurisdictions for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Alaska · you are herePure comparative negligence2 years from date of injury or discovery
AlabamaPure contributory negligence2 years from date of injuryAL · workplace
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · workplace
DelawareModified comparative — 51% bar2 years from date of injuryDE · workplace
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace
HawaiiModified comparative — 51% bar2 years from date of injuryHI · workplace
IdahoModified comparative — 50% bar2 years from date of injuryID · workplace
AK · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Alaska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Alaska. See /methodology, /sources, and /disclaimer.