North Dakota injury rights, deadlines, and help
If you got hurt in North Dakota, the first thing to know is how much time you have to act. The lawsuit deadline here is one of the longest in the country, but the work injury clocks are among the shortest, so do not let the big number fool you. This page explains North Dakota's main injury deadlines, the steps to take first, and how to get free help from people on your side.
Your deadlines at a glance
- Personal injury lawsuit: 6 years. North Dakota's statute of limitations (the legal deadline to file a lawsuit) generally gives you six years from the date of the injury. Source: N.D. Cent. Code Section 28-01-16(5) (statute text).
- Work injury, telling your employer: 7 days. For workers' compensation (the insurance system that pays for work injuries), notify your employer immediately, and absent good cause no later than seven days after the accident or after the injury became apparent. Source: N.D. Cent. Code Section 65-05-01.2 (statute text).
- Work injury, filing the formal claim: 1 year. The claim with Workforce Safety and Insurance (WSI, the state agency that runs workers' compensation) generally must be filed within one year after the injury, or two years after a death. The clock starts when a reasonable person knew or should have known the injury was work related and involved lost wages or medical treatment. Source: N.D. Cent. Code Section 65-05-01 (statute text).
- Hurt by a state agency: 180 days. Claims against the state generally require written notice to the director of the Office of Management and Budget within 180 days after the injury is or should have been discovered, with one year allowed for a serious injury. Suits against cities and counties generally follow a three-year limit with no separate short notice rule. Source: N.D. Cent. Code Section 32-12.2-04 (statute text).
One more caution: medical claims can have different, often shorter deadlines. If a doctor or hospital hurt you, treat the clock as urgent and get advice early.
What to do first
- Get medical care right away, even if the injury seems small. Your health comes first, and the record matters later.
- Report the injury in writing. If it happened at work, tell your employer the same day if you can. Seven days goes by fast.
- Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
- Write down the date of the injury and count your deadlines from it. Put them on a calendar.
- Do not sign anything from an insurance company before you understand your full costs.
- Talk to someone who is on your side before you make big decisions.
Common situations in North Dakota
Hurt at work
Telling your employer and filing the formal claim are two different steps. The seven-day notice to your employer comes first. The one-year claim with WSI is a separate filing, and it is short compared to most states. Many people report the injury, feel okay for a while, and let the WSI clock slip past. Do not guess about where you stand. Get help reading your own timeline.
Hurt on the road
North Dakota uses modified comparative fault (a fault-sharing rule). Your recovery is reduced by your share of fault, and you are barred entirely if your fault is as great as the combined fault of everyone else. In plain words, at 50 percent fault you recover nothing. Source: N.D. Cent. Code Section 32-03.2-02 (statute text). Insurers may push a high fault number onto you, so document everything.
Hurt on someone's property, including dog bites
North Dakota has no dog-bite statute. Courts apply the older common-law rules, which generally require showing the owner knew the dog was dangerous, or that the owner was negligent. Source: Sendelbach v. Grad (case). Evidence about the dog's history matters a lot, so gather it early.
A real story: nineteen hours too late
In November 2013, Rebecca Amador, a Texas nursing-home worker, hurt her back while moving a patient. Her employer had opted out of the state comp system and ran its own injury plan, which required workers to report injuries by the end of their shift. She reported the injury 19 hours after it happened. Under the company plan, she was already too late. Her claim was rejected, and she could not get the injury covered by health insurance or disability coverage either, because it was work related. She ended up at a public health clinic, living on her son's Social Security while applying for disability. Source: ProPublica.
Her story happened in Texas under an unusual company plan, but the lesson travels well to a seven-day state like North Dakota: report every work injury in writing the same day it happens, even if it seems minor. The system is unforgiving, and that is exactly why having someone on your side matters.
What we can help with
We are the injured person's advocate. We are on your side, and our help is always free to you.
- We listen to what happened and help you make sense of it.
- We explain your rights and deadlines in plain words.
- We help you get organized: what to report, what to save, what to ask.
- We point you to the right licensed help, whether that is medical care, therapy, state benefits, or a lawyer when one is needed.
- We never take money from injured people.
Tell us what happened
If you or someone you love was hurt in North Dakota, you do not have to figure this out alone. Tell us what happened and we will help you understand your next step. It is free, and there is no pressure.
Sources
- N.D. Cent. Code ch. 28-01 (personal injury limit)
- N.D. Cent. Code ch. 65-05 (workers' comp notice and claim)
- N.D. Cent. Code ch. 32-12.2 (claims against the state)
- N.D. Cent. Code ch. 32-03.2 (comparative fault)
- Sendelbach v. Grad (dog-bite rule)
- ProPublica: the campaign to ditch workers' comp
Last reviewed: 2026-08-16
This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.