Workers’ Compensation Attorney
Do a job long enough, and sooner or later you could get injured if that job is physically demanding or risky. It doesn’t matter how skilled you are, or how much experience you have — accidents happen, tools can slip, a back can give out.
The law recognizes that hard work takes a toll on the body. Workers’ comp laws are designed to protect you from financial hardship after an injury occurs during the course of your employment, and benefits are payable regardless of fault. Employers in South Dakota and Iowa often try to avoid their workers’ comp responsibilities so an experienced attorney can be an invaluable resource in securing the benefits you deserve.
Why People Avoid Filing
A lot of seriously injured workers don’t want to bring workers’ compensation claims because they like their job. They are afraid of how it looks to their employers or co-workers to bring a claim. They are afraid of losing their job if they bring a claim. Many times they just don’t file a claim. It takes the third or fourth injury on the job to really do them in.
We’re here to help you receive the benefits that your employer paid for from the workers’ compensation insurance company. Your employer pays for workers’ compensation insurance for a reason — to cover injuries that are caused on the job. They should want you to file. They should help you file the first report of injury. You don’t have to be afraid to file a workers’ compensation claim. We will help you receive your benefits while continuing to work for your employer.
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 to your claim.
A workers’ compensation lawyer like those at King Law Firm, P.C. will help ensure that all the paperwork gets to the right place on schedule.
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
Frequently Asked Questions On Workers’ Compensation
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.
Tell Us About Your Injury
The sooner you hire a workers’ compensation attorney, the more likely you are to receive your full benefits. To schedule a free consultation with King Law Firm, P.C., in Sioux Falls, contact us at 855-201-0098.