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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

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