Rapid City Workers’ Compensation Attorneys
If you have been suffered a work-related injury or illness, you may be entitled to Workers’ Compensation benefits. Workers’ Compensation laws in South Dakota are very different to other states, so you need the help of an experienced South Dakota Workers’ Compensation attorney. The attorneys of the Law Office of Beardsley, Jensen, and Lee, L.L.C., have extensive Workers’ Compensation experience and a proven track record of success. Please contact us right away to learn more about how we can help.
Workers’ Compensation in South Dakota
South Dakota law does not require employers to carry Workers’ Compensation insurance on their employees. Employers that choose not to carry the insurance forgo protection from lawsuits and may have to pay far more, so many employers choose to carry it.
If you are covered by Workers’ Compensation your claim is a no-fault insurance claim. That means you do not have to prove fault in order to receive benefits, and you can start receiving benefits quickly. However, your employer or the workers’ compensation provider may try to deny your claim, pay less than you deserve or stop payments before you are able to work again. Our experienced South Dakota Workers’ Compensation lawyers will fight for you and make sure that you receive the full benefits that you are entitled to.
Workers’ Compensation Benefits
- Medical care – all reasonable and necessary medical treatment.
- Temporary partial disability (TPD) – if you are able to return to work, but are only able to work limited hours, you can receive a percentage of the difference between what you would have made and what you are able to earn.
- Permanent partial disability (PPD) – benefits for permanent impairment of certain body parts.
- Temporary total disability (TTD) – after you have missed seven consecutive days of work due to your injuries you are entitled to receive two-thirds of your average weekly wage until you are able to work again or until your doctor decides that your condition will not improve anymore. Each years the minimum and maximum TTD benefit changes. Beginning July 1, 2018, the minimum is $403 and the maximum is $805.
- Permanent total disability (PTD) – if you are permanently unable to return to work, your TTD payments convert to lifetime payments.
- Rehabilitation and retraining – you may be eligible for rehabilitation or retraining benefits so that you can return to work, if you cannot return to performing the work that you did before your injury.
When a worker dies from their injury, death benefits are available to the following in South Dakota:
- Spouse
- Children
- Parents
- Grandparents
- Other lineal heirs
Personal Injury Lawsuit
Workers’ Compensation benefits are limited and will not pay for all of the expenses and losses associated with your injury. a personal injury lawsuit can yield full compensation for your injuries including the full value of your lost wages and your noneconomic damages such as pain and suffering.
Injured workers who are covered by Workers’ Compensation insurance are barred from suing their employers for their injuries. However, a third-party lawsuit may be appropriate in addition to your Workers’ Compensation claim. A third-party lawsuit is a lawsuit against someone other than your employer who was responsible for your injuries, such as the maker of a defective tool.
If you are not covered by Workers’ Compensation, you can pursue a lawsuit against your employer. It may take a long time, and requires that you prove fault, but if you win you can recover far more than you would have through a Workers’ Compensation claim.
If you or someone you love has suffered a work-related injury or illness, please call the Rapid City accident attorneys of the Law Office of Beardsley, Jensen, and Lee, L.L.C., at (605) 721-2800 or email us today to schedule your free initial consultation.
