North Dakota provides Worker’s Compensation benefits which are comprehensive but not generous. The state limits benefits in both amount and duration. Loss of income capacity is minimally compensated.  Pain-and-suffering is not compensated at all.

In many cases, workers are injured by the negligence of a third person not a fellow employee. In those cases, workers may sue in District Court and claim benefits in what is called a third party claim.

By law the state worker’s compensation agency pays half of the costs and is entitled to half of the proceeds up to the full amount of the worker’s compensation claim paid.

The spouse or family member who has suffered the loss of companionship, support, or consortium also has a claim for damages. Likewise, the family member who provides care for the injured worker has a claim.