If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

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If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

If an employee is released to parttime or modified work and the employer can accommodate the restrictions, state law obligates the employee to accept the employment. Employees who refuse to accept light duty work risk the loss of some or all of their worker`s compensation benefits.

If the employee accepts the modified or light duty work and is earning less than what he or she was earning at the time of the injury, the employee may be entitled to temporary partial disability benefits. Benefits are calculated on the basis of onehalf of the difference between the average amount the employee was earning before the injury and the average amount the employee is earning or is able to earn after the injury.

Other South Dakota Workers' Compensation FAQs

Q: How Long After An Injury Do I Have To Report It To My Employer?
A: State law requires employees to give written notice of an injury to their employer within three business days. Employees who fail to do so risk the loss of their … More
Q: How Do I Know If My Employer Is Covered By Workers' Compensation?
A: The South Dakota Worker`s Compensation Law covers all employers with limited exceptions. Some employees that are exempt include: Domestic servants, unless working for … More
Q: What Workers' Compensation Benefits Am I Entitled To?
A: You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent … More
Q: If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?
A: The employee has the right to make the initial selection of medical practitioner and must notify the employer of his selection prior to treatment or as soon as … More
Q: When Will My Benefits Begin And How Much Will They Be?
A: If a workrelated injury prevents an employee from working for at least seven consecutive calendar days, he or she is entitled to temporary total disability … More
Q: My Employer Has Denied My Claim, What Do I Do?
A: If there is disagreement about the claim, either party may ask the Division of Labor and Management to conduct a mediation. The mediation is held by telephone with a … More