View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UND Scholarly Commons (University of North Dakota) North Dakota Law Review Volume 89 Number 4 Article 2 1-1-2013 Broken Promise: The Demise of "Sure and Certain Relief" under the North Dakota Workers Compensation Act Dean J. Haas Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Haas, Dean J. (2013) "Broken Promise: The Demise of "Sure and Certain Relief" under the North Dakota Workers Compensation Act," North Dakota Law Review: Vol. 89 : No. 4 , Article 2. Available at: https://commons.und.edu/ndlr/vol89/iss4/2 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact
[email protected]. BROKEN PROMISE: THE DEMISE OF “SURE AND CERTAIN RELIEF” UNDER THE NORTH DAKOTA WORKERS’ COMPENSATION ACT DEAN J. HAAS* ABSTRACT The workers’ compensation bargain in which employees gave up the ability to sue their employers in exchange for “sure and certain relief” is premised on the economic theory that such voluntary agreement between competing interests promotes efficiency in an unfettered market. The cost of workers’ compensation, ostensibly borne by employers, is supposedly priced into the cost of the product or service. This is said to “internalize” the cost to industry, a bedrock economic principle necessary to ensure efficient allocation of resources and employee safety.