N.D.C.C § 32-12.2-04 (43kb PDF) provides that a claim against the State or a state employee for an injury or damages must be presented in writing to the Director of the Office of Management and Budget within one hundred eighty (180) days after the alleged injury or property damage was discovered. The claim can be made by completing and submitting State Risk Management Fund Notice of Claim Form (SFN 50552) (58kb PDF).
The Risk Management Fund is not insurance. Rather, it is governed by the legal requirements established in the State Tort Claims Act, N.D.C.C. ch. 32-12.2, and any claims paid must be authorized under these requirements. Specifically, claimed losses must be caused by the negligence of the State or a state employee acting within the scope of the employee’s employment.
In order for the Risk Management Division to address claims properly, it must implement a claims management process. Claims management is critical to preserving evidence, correcting unsafe conditions, containing and mitigating costs, defense of a claim/lawsuit, etc. Another integral part of managing claims is the participation from the entity and employees involved.