Free South Dakota Workers' Compensation FAQs | Workers' Compensation Frequently Asked Questions

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 20:51:22 GMT

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.

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 20:19:00 GMT

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 13week 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 owneroperators of t

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 20:19:00 GMT

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.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 20:19:00 GMT

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.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 20:19:00 GMT

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 benefits. The compensation is computed at twothirds 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

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

Mon, 04 Jun 2007 20:51:22 GMT

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. Bene

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 20:19:00 GMT

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.

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 d