Find Legal Topics > Employment Laws > South Dakota Workers Compensation

South Dakota Workers Compensation

South Dakota Workers Compensation

 

Frequently Asked Questions about South Dakota Workers’ Compensation

What is South Dakota workers’ compensation?

The purpose of South Dakota workers’ compensation programs is to provide for individuals who are injured or made ill while on the job and are therefore unable to work. South Dakota workers’ compensation is a type of insurance and your employer is mandated to supply you with coverage to it. Some income-replacement will be provided, as will all costs related to healthcare for the injury.

Do some individuals not get South Dakota workers’ compensation?

Unfortunately, there are important exceptions to the South Dakota workers’ compensation mandate, so that some individuals may not qualify for compensation if they are injured on the job. First, there are farm laborers, agricultural laborers, and domestic servants who work less than twenty hours a week or who have been working at their current job for less than six weeks during the preceding thirteen week period.

In addition, the mandate does not cover some independent contractors, though these contractors all need to have obtained an exempt status from the South Dakota Department of Labor and Regulation. 

What do I do if I’m injured?

There are a few very important steps that you have to take if you wish to qualify for South Dakota workers’ compensation. The first step is always to find immediate medical attention; don’t sacrifice your own health for the sake of some regulation.

After getting assured of your immediate medical safety, report your injury to a supervisor as soon as possible. It is best if you can do this in writing and then make a copy of the letter. That way, you’ll have documentable proof that notification was sent. Additionally, the notification should make clear the severity of your injury as well as the circumstances in which it was incurred.

As soon as possible, you should also inform your supervisor about your physician’s prognosis and how long you expect to be out of the office. At this time, you should request that they fill out a First Report of Injury form. If they do not, the Division of Labor and Management should be contacted immediately and help sought.

What are South Dakota workers’ compensation benefits?

There are several distinct types of South Dakota workers’ compensation benefits, so you should research carefully to understand which ones you and your family will qualify for:

• Temporary Total Disability: If you’ve missed seven consecutive days of work, you are entitled to a weekly benefit package equaling 62 2/3% of your regular paycheck.

• Temporary Partial Disability: This is for you if you can return to work but cannot work an equal amount to what you did before. The insurer may be expected to compensate you for the difference.

• Permanent Partial Disability: If just one part of your body is failing, a medical doctor will determine how much of your body suffers from that impairment and calculate how much you should receive in benefits.

• Permanent Total Disability: When returning to work will never again be possible.

• Rehabilitation: If you’re unable to return to work without a rehabilitation program.

 

Related Topics