Time Is of the Essence
In South Dakota, you have just three business days to give your employer written notice of your work-related injury. If you fail to act quickly, you risk losing access to workers’ compensation benefits entirely.
The laws are different in Iowa. You should not wait until the last minute. The sooner you take action, the better — don’t throw away the benefits to which you’re entitled just because legal requirements vary and have important consequences for your claim.
A workers’ compensation lawyer like those at King Law Firm will help ensure that all the paperwork gets to the right place on schedule.
Understanding The Workers’ Compensation Claims Process
After a work injury, many people are unsure what will actually happen once they report the incident and ask for benefits. The workers’ compensation claims process usually begins with prompt medical treatment, written notice to your employer, and the employer’s report to its insurance company. From there, the insurer may ask for medical records, recorded statements, or independent medical examinations, and any delay or inconsistency can be used as a reason to limit your benefits.
Having a workers comp attorney Sioux Falls workers can turn to means you have someone guiding you through each of these steps, explaining what to expect and helping you avoid common mistakes. Your attorney can communicate with the insurance adjuster, gather medical evidence, and track deadlines so you do not miss important filing requirements set by South Dakota law. If your claim is denied or your checks stop unexpectedly, a lawyer can also represent you in hearings before the South Dakota Department of Labor and Regulation or in appeals in the Minnehaha County Courthouse in Sioux Falls.
Many injured workers also want to know how long the process will take and whether they will need to appear in person at hearings or evaluations. While every case is different, your lawyer can give you a realistic timeline based on the nature of your injury, the amount of medical treatment you need, and how the insurance company typically handles similar claims in the Sioux Falls and Sioux City areas. This guidance can make it easier to plan for your medical care, household bills, and employment decisions while your case moves forward.
Securing Full Benefits
We listen to our clients to hear the full story behind their injuries, which include:
- Shoulder injuries
- Back injuries
- Elbow injuries
- Neck injuries
- Knee injuries
- Warehouse accidents
- Construction accidents
- Work-related traffic accidents
- Maintenance-related accidents
- Injuries sustained during manual labor
Why Workers’ Comp Can Be an Issue for the Older Worker
There are many ways to get harmed on the job, and the ramifications of each incident are unique.
Elderly workers, however, commonly face additional challenges, including:
- Healing takes longer, so they may lose more wages
- Workers with pre-existing arthritis and other ailments might be denied claims or receive reduced compensability judgments
- Getting hurt could exacerbate other medical conditions
- Employers may be less likely to step up for workers who have fewer working years left
Companies aren’t always willing to take responsibility for their actions that contributed to worker accidents, and you may not be up to the task of pursuing compensation.
At King Law Firm, we hold employers to their rightful obligations. By using our knowledge of workers’ compensation law and how on-the-job injuries affect older workers, we establish evidence of wrongdoing, negligence, and harm that helps you support your case in court. We also help injured workers fight against compensation policies that specifically discriminate against the elderly. Whether you just want to pursue a settlement or bring about positive, widespread changes in your workplace, our Sioux Falls team is truly prepared to fight for you.
Helping Those with Permanent Disabilities Fight for Workers’ Compensation
Workers’ compensation is designed to support those who normally contribute to the economy, but what happens when these programs fall short? If you’re an individual with permanent disabilities, your workers’ comp benefits may be inadequate to deal with the unique challenges you face.
Your case’s unique nuances deserve equally nuanced representation, and King Law Firm works diligently to provide it. Our workers’ comp attorneys have spent years rising to the top and have won hard battles on behalf of injured workers. Nothing satisfies us more than helping those in need, and our reputation shows that we’re up to the task of fighting for you.
Why Are Permanent Disability Workers’ Comp Cases Different?
Bodies like the National Academy of Social Insurance have long held that permanent disability benefits are on the decline. As such, those who suffer from on-the-job injuries may have to adhere to tough standards to prove they deserve compensation.
They may also face pushback from employers who want to block their claims based on conditions like:
- Diabetes
- Heart disease
- Prior injuries
We’ve dealt with many employers who didn’t understand that the law is very clear about how you should be compensated for incidents that result in permanent disability, such as the loss of a limb. The rules additionally prohibit companies from excluding compensation eligibility for other permanent disabilities. Our goal as attorneys is not only to represent you but also to stop employers from trying to improperly prevent you from claiming what you deserve.
Frequently Asked Questions for Workers’ Compensation in Sioux Falls
Workers’ compensation laws in Sioux City provide vital protections for injured workers, but the claims process can be complicated. Below are answers to some of the commonly asked questions we have encountered.
What sorts of injuries are covered under workers’ compensation?
Workers’ compensation covers various injuries and occupational illnesses that occur due to work-related duties.
These can include:
- Traumatic injuries: These are injuries caused by specific incidents, such as falls, machinery accidents, burns, or heavy lifting strains.
- Repetitive stress injuries (RSIs): Injuries caused by repetitive motion over time, such as carpal tunnel syndrome, tendonitis, or chronic back pain, often due to prolonged physical labor.
- Occupational illnesses: They may include exposure to hazardous substances at work and develop a disease, such as respiratory conditions from inhaling toxic fumes or hearing loss from prolonged exposure to loud noise.
The injury or illness must be directly related to work to qualify for workers’ compensation.
If I am already receiving workers’ comp benefits, can I also receive disability, unemployment or Social Security benefits?
It is possible to receive multiple benefits at the same time, but there are specific rules:
- Workers’ compensation and Social Security Disability Insurance (SSDI): You may receive both. However, your SSDI benefits may be reduced so that your total benefits do not exceed 80% of your average earnings before your injury.
- Workers’ compensation and unemployment benefits: You cannot receive both simultaneously. Workers’ compensation is for injured employees who are unable to work, while unemployment benefits require you to be physically able and available for work.
Each case is unique. Our attorney can help determine how these benefits interact in your specific situation.
Can I qualify for or receive workers’ compensation benefits if my injury took place outside of work?
Generally, workers’ compensation only covers injuries that occur while you are performing work-related duties.
However, there are exceptions where an off-site injury may still be covered:
- Travel for work
- Employer-sponsored activities
- Remote work
However, if the injury strictly occurred during a commute or personal errand, workers’ compensation likely will not apply.
Why should I hire a workers’ compensation attorney?
A workers’ compensation attorney can help by:
- Helping ensure proper filing and deadlines, as mistakes in paperwork or missing deadlines can lead to denied claims.
- Maximizing your benefits because insurance companies often try to minimize payouts.
- Handling disputes and denials, especially if your claim is denied or benefits are cut off prematurely.
- Assessing third-party liability, such as a contractor or equipment manufacturer, to explore additional compensation options.
Legal representation is essential if your injury is severe, results in long-term disability, or if your employer challenges your claim.
Am I allowed to take legal action against my employer for the injury?
Workers’ compensation laws often prevent employees from suing their employer for work-related injuries.
This is because workers’ comp is designed as a no-fault system that provides benefits regardless of who was responsible for the injury. However, you may have grounds for a lawsuit:
- If your employer deliberately caused harm or knowingly exposed you to unsafe conditions
- If a third party contributed to your injury
- If your employer does not carry the required workers’ compensation insurance
Even if a lawsuit against your employer is not an option, an attorney can help explore alternative legal avenues to recover full compensation.
Contact us online or by calling (605) 250-3209 today!
