N.D. Cent. Code » Title 65 · Chapter 65-05
North Dakota Century Code

N.D. Cent. Code § 65-05-06 (2026)

Payment of compensation in lieu of claim for relief against employer

✓ current as of May 2026
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The payment of compensation or other benefits by the organization to an injured employee, or to the injured employee's dependents in case death has ensued, are in lieu of any and all claims for relief whatsoever against the employer of the injured or deceased employee.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1964–2023 · leading case: Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983).
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Layman v. Braunschweigische Maschinenbauanstalt, Inc., 343 N.W.2d 334 (N.D. 1983). · cites it 4× “We now turn to the issue of the propriety of the trial court's action in reducing Layman's damage recovery against BMA by the percentage of negligence attributable to Minn-Dak. As noted above, Layman received workmen's compensation benefits for the injuries he sustained as a…”
Wald v. City of Grafton, 442 N.W.2d 910 (N.D. 1989). · cites it 12× “) Section 65-05-06, N.D.C.C., provides: "The payment of compensation or other benefits by the bureau to an injured employee, or to his dependents in case death has ensued, are in lieu of any and all claims for relief whatsoever against the employer of the injured or deceased…”
Brock v. Price, 2019 ND 240 (N.D. 2019). · cites it 3× “§ 65-04-28 (“Employers who comply with the provisions of [N.”
Plains Trucking, LLC v. Cresap, 932 N.W.2d 541 (N.D. 2019). · cites it 6× “§ 65-01-08 (An injured employee does not have a claim for relief against the "contributing employer or against any agent, servant, or other employee of the employer for damages for personal injuries, but shall look solely to the fund for compensation.”
Meyer v. North Dakota Workers Comp. Bureau, 512 N.W.2d 680 (N.D. 1994). · cites it 4× “1983); N.D.C.C. § 65-05-06. This Court’s decision in Wald was based on the theory that under the workers compensation statute, the spouse of an injured worker forfeited an independent cause of action for loss of consortium against the employer in return for sure and certain…”
Trinity Hospitals v. Mattson, 2006 ND 231 (N.D. 2006). · cites it 2× “” Under N.D.C.C. § 65-05-06, “[t]he payment of compensation or other benefits by the organization to an injured employee, or to the injured employee’s dependents in case death has ensued, are in lieu of any and all claims for relief whatsoever against the employer of the injured…”
Schreder v. Cities Serv. Co., 336 N.W.2d 641 (N.D. 1983). · cites it 4× “Whether or not Phyllis can maintain a separate claim against the defendants in her individual capacity for loss of consortium is decisively settled by Section 65-05-06, N.D.C.C., when applied to the facts of this case.”
Gernand v. Ost Servs., Inc., 298 N.W.2d 500 (N.D. 1980). · cites it 3× “Furthermore, § 65-05-06, N.D.C.C., provides that payment of compensation or other benefits by the Workmen’s Compensation Bureau to the employee is in lieu of any rights of action against the employer of the injured employee.”
Zimmerman Ex Rel. Zimmerman v. Valdak Corp., 1997 ND 203 (N.D. 1997). · cites it 4× “§ 65-04-28 (1992) states: Employers who comply with the provisions of this chapter shall not be liable to respond in damages at common law or by statute for injury to or death of any employee, wherever occurring, during the period covered by the premiums paid into the fund.”
Barsness v. Gen. Diesel & Equip. Co., 422 N.W.2d 819 (N.D. 1988). · cites it 2× “] Section 65-05-06, N.D.C.C., provides that payment of compensation or other benefits by the Workers Compensation Bureau to an injured employee is "in lieu of any and all claims for relief whatsoever against the employer" of the injured employee.”
Schlenk v. Aerial Contractors, Inc., 268 N.W.2d 466 (N.D. 1978). · cites it 2× “As Section 65-01-08 and Section 65-05-06, N.D.C.C., exclude employers of the injured employee and his fellow employees from legal liability, Section 65-01-09 does not apply to them.”
Cormier v. Nat'l Farmers Union Prop. & Cas. Co., 445 N.W.2d 644 (N.D. 1989). · cites it 2× “" NDCC § 65-05-06 provides: “The payment of compensation or other benefits by the bureau to an injured employee, or to his dependents in case death has ensued, are in lieu of any and all claims for relief whatsoever against the employer of the injured or deceased employee.”
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