http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/index.html LawInfo - Legal Resource Center offers free South Dakota Workers' Compensation legal forms and free South Dakota Workers' Compensation legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/how-do-i-know-if-my-employer-is-covered-by-wo.html The South Dakota Worker`s Compensation Law covers all employers with limited exceptions. Some employees that are exempt include: Domestic servants, unless working for an employer more than 20 hours in any calendar week and for more than six weeks in any 13&shy;week period; Farm or agricultural labor; One whose employment is not in the usual course of trade, business, occupation or profession of the employer (independent contractor). This includes real estate agents, and owner&shy;operators of trucks who are certified as independent contractors by the Department of Labor; Certain elected officials of the state or subdivision of government; and Workfare participants. South Dakota Workers' Compensation FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/how-long-after-an-injury-do-i-have-to-report.html 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 worker`s compensation benefits. South Dakota Workers' Compensation FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/if-i-am-injured-on-the-job-can-i-choose-the-d.html 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 reasonably possible after treatment has been provided. The employee must obtain written permission from the employer or insurer before changing health care practitioners. South Dakota Workers' Compensation FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/if-i-am-unable-to-return-to-the-type-of-work.html If an employee is released to part&shy;time 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.<p>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 one&shy;half 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. South Dakota Workers' Compensation FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/my-employer-has-denied-my-claim-what-do-i-do.html 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 division representative, the employee or their representative, and a representative of the employer or insurance carrier.<p>If a dispute remains unresolved after mediation or the employee chooses to forgo the mediation process, the employee may file a petition for hearing. The petition must be filed within two years of the date of denial of benefits. An administrative law judge in a formal, adversarial proceeding will hear the case. Representation by an attorney is not required in a worker`s compensation hearing, but is recommended. You can contact the Division of Labor and Management at the address or phone number below.<p>Division of Labor and Management<br>Kneip Building<br>700 Governors Drive<br>Pierre, SD 57501&shy;2291<br>(605) 773&shy;3681 South Dakota Workers' Compensation FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/what-workers-compensation-benefits-am-i-entit.html You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits. South Dakota Workers' Compensation FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation/South-Dakota/when-will-my-benefits-begin-and-how-much-will.html If a work&shy;related injury prevents an employee from working for at least seven consecutive calendar days, he or she is entitled to temporary total disability benefits. The compensation is computed at two&shy;thirds of the employee`s average weekly wage (excluding overtime earnings) to the maximum allowed by law at the time of your injury. The benefits continue until the employee is released by the physician to return to work in a full or partial capacity, or until the doctor determines that the employee`s condition has reached a point of maximum medical improvement. South Dakota Workers' Compensation FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Denial-of-Benefits-and-Appeals/South-Dakota/index.html Free Denial of Benefits and Appeals FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Employer-Responsibilities/South-Dakota/index.html Free Employer Responsibilities FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Work-Injury/South-Dakota/index.html Free Work Injury FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Worker-Compensation-Board/South-Dakota/index.html Free Worker Compensation Board FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Worker-Compensation-Insurances/South-Dakota/index.html Free Worker Compensation Insurance FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation-Law/South-Dakota/index.html Free Worker's Compensation Law FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Comp-Claim/South-Dakota/index.html Free Workers Comp Claim FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation-Benefits/South-Dakota/index.html Free Workers Compensation Benefits FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT http://resources.lawinfo.com/en/Legal-FAQs/Workers-Compensation-Fraud/South-Dakota/index.html Free Workers Compensation Fraud FAQs Workers' Compensation Sub-categories Sun, 29 Nov 2009 15:33:46 GMT