WORKERS COMPENSATION

The state of South Dakota requires all non agricultural employers to carrier workers compensation insurance.* If you are injured on the job you must report your injury within 3 days to your employer. A first report of injury form must be filled out and filed by your employer with the South Dakota department of labor. Failure for them to do so delays your claim from being processed quickly and subjects them to criminal fines for their failure to file the report.

South Dakota's workers compensation laws have changed dramatically in the last 10 years. Numerous benefits to the employee have been eliminated in an attempt to lower the premiums paid by all employers. It is a complex system designed to reduce claims paid. Your rights to pick and choose medical treatment are governed by a manage care system. You do have the right to pick your own physician however approval of that treatment and any referrals from that physician generally require pre authorization from the managed care provider. Hired guns in the medical field have surfaced who provide the workers compensation insurance company with opinions to support the denial of legitimate claims. Because of the complex rules now governing workers compensation do not handle serious claims on your own. The department of labor does not require that an employee have a lawyer when going to hearing on disputed claims but you can be certain the insurance company will have an experienced workers compensation attorney to protect their interests. The statute of limitations for workers compensation claims is two years from the date your claim was denied in writing and a copy of the denial sent to the department of labor. Call our office for a free consultation of your case.

• Argricultural workers also have rights that should be discussed with our firm.