Worker’s Compensation Things to Know

If you have been injured at work, there are a number of things you need to know regarding Worker’s Compensation.

1. Tell your Employer when, where and how your injury occurred within 3 days of the injury. (Telling a co-worker or a nurse doesn’t qualify as Notice to your Employer) Worker’s Compensation law in South Dakota requires that an injured worker provide written notice to their Employer, of when, where and how their injury occurred within 3 days of the injury. There is an exception to the written notice rule, actual notice of the employer, but written notice within 3 days is best.
2. Don’t “Walk it Off”. Being a tough guy/gal only hurts you. If you have been injured, and wait a week or two to tell anyone, because you were trying to “walk it off” you will not get worker’s compensation benefits.
3. An injured employee has the “Initial selection” of medical providers. After your initial selection, as far as Worker’s Compensation is concerned, you must continue to treat with your Doctor or another Doctor your Doctor has referred you to. However, if your employer/insurer chooses a Doctor for you and you see that Doctor more than once within 30 days the Department of Labor views that as a voluntary election, by you, of the Employer/Insurer’s Doctor.
4. Only your Doctor’s physical restrictions count. Make sure that your medical provider understands what the physical requirements of your job are, so that they can provide safe and accurate physical restrictions or limitations. If your limitations or restrictions are too broad or too vague, tell your Doctor what specifically is causing problems and have your limitations/restrictions modified. Restricting your self without a Doctor’s note will only cause bad blood, and may get you fired.

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.

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