Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
If you cannot work due to accident-related injuries, several avenues exist to recover lost wages under North Dakota law:
1. Personal Injury Lawsuit Against a Third Party
If another party’s negligence caused your injuries, you may file a personal injury lawsuit to seek compensation for past and future lost wages. North Dakota imposes a three-year statute of limitations for personal injury claims. See NDCC Section 32-04-01.
2. No-Fault Auto Insurance Benefits
North Dakota requires personal injury protection (PIP) coverage in auto insurance policies. PIP covers reasonable lost wages up to $200 per week for a maximum of 30 weeks. For more details, see NDCC Chapter 26.1-41.
3. Workers’ Compensation Benefits
If you were injured at work or while performing job duties, you can file a workers’ compensation claim. NDCC Section 65-05-05 provides temporary total disability benefits at two-thirds of your average weekly wage, subject to minimum and maximum limits. For permanent partial disability or vocational rehabilitation, see NDCC Section 65-05-06.
4. Social Security Disability Insurance (SSDI)
If your injuries result in long-term disability preventing substantial gainful activity for at least 12 months, you may qualify for SSDI benefits. Apply through the Social Security Administration at SSA Disability Benefits.
Helpful Hints
- Document all medical records, wage statements, and accident reports.
- Report your injuries promptly to your employer and insurance.
- Meet all filing deadlines: NDCC Section 32-04-01 for personal injury, NDCC Chapter 65-05 for workers’ comp.
- Consider consulting a qualified attorney to evaluate your claim and negotiate settlements.
- Keep copies of all correspondence and maintain a detailed log of expenses and lost time.