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

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 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.

Division of Labor and Management
Kneip Building
700 Governors Drive
Pierre, SD 57501­2291
(605) 773­3681

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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