What happens if I settle WSI before suing the driver who hit me in Bismarck?

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File a First Report of Injury with North Dakota Workforce Safety & Insurance (WSI) right away, and no later than 1 year after the work injury; settling your WSI claim first usually does not stop you from suing the at-fault driver, but it can affect who gets paid back first and how much of the recovery you keep. The basic rule in North Dakota is hard but clear: if you were hurt in the course of your job, WSI is usually your exclusive remedy against your employer. That means you generally cannot sue your employer or a coworker for ordinary negligence, even if the crash happened on a Bismarck route, a blind curve outside town, or during a work errand. The part that makes it more complicated is the third-party claim. If someone outside your employer caused the crash, you may have two tracks at once: WSI benefits and a personal injury claim against that driver. Exceptions and edge cases: You can still sue the other driver. A road-rage driver, another company's truck, or a careless motorist on I-94, State Street, or Expressway can be a separate defendant even if WSI is paying benefits. WSI may have a lien or reimbursement right. If WSI paid medical bills or wage-loss benefits, it can often recover from your third-party settlement. Settling too fast at year-end can leave you surprised by how much must be repaid. You usually cannot &#34;double recover.&#34; You do not get to keep full WSI benefits and full payment for the same losses without accounting for WSI's interest. If your employer was not truly covered by WSI, the analysis changes. North Dakota is a monopolistic state fund, so most employers must use WSI, but coverage disputes do happen. The lawsuit deadline is separate. A third-party injury claim in North Dakota is generally subject to a 6-year statute of limitations, even though your WSI filing deadline is much shorter. If a government vehicle was involved, special notice and procedural rules may apply sooner. If you sign a broad release, you may accidentally waive claims beyond what you meant to settle.