Attorney David J. King


Make your case for compensation after an injury

On Behalf of | Aug 30, 2021 | Worker's Compensation

Did you know that you only have three days to report a work injury to your employer in South Dakota? That means that if you get hurt on Thursday and take Friday off without reporting it, your claim could be invalidated by the time Monday comes.

Even more significant is the surprising fact that no employer is required to carry workers’ compensation insurance in South Dakota. If your employer doesn’t have insurance, it’s not against the law. You may have to sue them through a civil court lawsuit if they don’t have workers’ compensation.

Making a claim if your employer has workers’ compensation

If your employer does have workers’ compensation, then you should make a claim against it within three days of an injury. Usually, it’s wise to let your employer know right away because that three-day period can pass very quickly without recognizing that it has.

Once your report your injury, your employer should file a First Report of Injury form with the South Dakota Department of Labor & Regulation.

Making a claim if your employer doesn’t have workers’ compensation

If your employer doesn’t have workers’ compensation, you will need to file a personal injury claim, a civil lawsuit, against them. Most employers do carry workers’ compensation in South Dakota to avoid personal liability, but if yours does not, then you will need to build a case for compensation against them and file it with the court. It’s still important for you to report your injury to the employer immediately. If you wait too long, then you could miss the statute of limitations and limit your ability to make a claim.

Give your employer written notice of your injury as soon as possible

Whether you have to be hospitalized, are able to return home or just take a few days off work, you need to report your injury in written format in no more than three days. This will help you start your claim and build your case, so that you can ask for fair compensation following an injury. If your employer doesn’t have workers’ compensation, still report your injury, but then look into building a personal injury claim instead.