Attorney David J. King


How can workers’ compensation help someone hurt on the job?

On Behalf of | Jul 12, 2021 | Worker's Compensation

South Dakota workers may work in an office, or they may work on a farm or at construction sites. Workers may be injured on the job even if they were being careful about what they were doing.

Why do workers have such a short time frame to tell their employer of a work-related injury?

Workers in South Dakota have a short time frame to file a workers’ compensation claim. Iowa gives its workers 90 days to file a workers’ compensation claim. In contrast, South Dakota workers have only three business days in which they are able to provide written notice of their injury to their employer.

If they don’t give this notice in time, they may not be able to receive workers’ compensation benefits. As soon as they realize they have gotten hurt at work, they should see their doctor and start the notification process without waiting.

Who is covered by workers’ compensation?

Employers may carry workers’ compensation insurance. This is supposed to provide wage replacement to hurt workers who can’t go back to work right away. This insurance also pays for medical treatment so employees can receive the treatment they need as they recover from their injury.

After receiving workers’ compensation benefits, the employee cannot sue for any more benefits. By accepting the workers’ compensation wage replacement and medical treatment, they are giving up their right to a lawsuit.

The employee may not be able to go back to their job. Workers’ comp benefits may also provide education or retraining benefits so they can find a different job.

Why workers don’t file claims

Workers who get hurt on the job may not want to file a workers’ compensation claim against their employer. They may fear what their co-workers may think if they file a claim. They like their job and don’t want to lose it.