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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.

★ 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 · neighbouring jurisdictions

Compare to neighbours.

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

JurisdictionFault ruleLimitationWorkplace page
North Dakota · you are hereModified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice—
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · 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
★ 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.