Attorney David J. King


Just 3 days: Make your workers’ compensation claim quickly

On Behalf of | Aug 3, 2022 | Worker's Compensation

When you get hurt on the job, you deserve an opportunity to seek fair compensation through workers’ compensation. This is there to help you get support for medical treatment or to recoup your lost wages.

Workers’ compensation is tricky in this state, though. If you don’t file for it soon enough, you could lose the right to it completely.

South Dakota has strict rules for workers’ compensation claims

Did you know that you have only three days to report an injury at work? That means that if you get hurt while you’re working on Monday, you need to decide if you’re going to tell your boss by Wednesday. If you don’t let them know, then your entire claim could be denied.

On top of this seeming like a short amount of time to report, you should know that it actually is the shortest time in the United States. Other than Wyoming, this is the shortest amount of time anyone has to decide if they need to report an injury.

Since the time to report an injury is so short, you need to make sure you report an injury as soon as it occurs. For instance, if you feel something pop in your shoulder on Monday, you should tell your employer as soon as possible, immediately when you can. Then, you will need to fill out the work injury report (or sign it, depending on the paperwork).

Sometimes, reporting an injury isn’t that simple. If you’re hurt and have to go to the hospital, you might not get a chance to report the injury right away. Do your best to reach out to your employer before going or as soon as you are able to report the injury after you’re hospitalized. There are sometimes exceptions to the rule, but you will want to report the injury as quickly as possible to protect yourself.

What should you do if your claim is denied?

If you reported your injury late and your claim is denied, you may be in a bad position. Since there are exceptions that could potentially be made, you need to look into your legal options to see if you can get the three-day period altered in any way.