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★ North Dakota · workplace

Workplace settlements
in North Dakota.

By 6 min read

North Dakota applies modified-50 comparative fault with a 6-year personal-injury SOL — among the longest in the US — and a full no-fault auto scheme. 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 North Dakota's modified comparative — 50% bar and any applicable statutory cap.

North Dakota applies modified comparative negligence with a 50% bar. For workplace claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects workplace settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

Workplace injuries in North Dakota 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. North Dakota's caps (medical malpractice non-econ cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

★ band · US federal frame
Scheduled statutory benefits — no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. North Dakota's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your workplace claim in North Dakota. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

Check my case
★ ND · statute of limitations
6 years for personal injury; 2 years for medical malpractice

N.D. Cent. Code § 28-01-16, § 28-01-18

★ ND · fault rule
Modified comparative — 50% bar

Modified comparative — recovery barred at 50% claimant fault.

★ ND · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in North Dakota.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How North Dakota's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
North Dakota · you are hereModified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice—
OhioModified comparative — 51% bar2 years from date of injuryOH · workplace →
South DakotaPure comparative negligence3 years from date of injurySD · workplace
WisconsinModified comparative — 51% bar3 years from date of injuryWI · workplace →
IllinoisModified comparative — 51% bar2 years from date of injuryIL · workplace →
IndianaModified comparative — 51% bar2 years from date of injuryIN · workplace →
IowaModified comparative — 51% bar2 years from date of injuryIA · workplace →
TennesseeModified comparative — 50% bar1 year from date of injury — among the shortest in the USTN · workplace →
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
OklahomaModified comparative — 51% bar2 years from date of injuryOK · workplace →
OregonModified comparative — 51% bar2 years from date of injuryOR · workplace →
★ ND · workplace · frequently asked

Common questions.

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

★ all of ND
North Dakota overview

Fault rule, statute, caps, and key facts for North Dakota as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

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