Few people go to work worrying about the possibility of being badly injured. That being said, accidents can happen, even in what appears to be the safest of jobs. Fortunately, the majority of people who are employed in South Dakota will find that their employers are insured for workers’ compensation. This is a state mandated requirement for most employers, although there are exceptions, which are explained below. A claim for workers’ compensation can pay medical bills as well as help to support you if you cannot return to work or even if you need to retrain. Employment in South Dakota There were 417,520 people employed in some type of occupation or another in May 2016 (Bureau of Labor Statistics). South Dakota’s occupational statistics reveal a very typical pattern observed in many other states. By far the most common job in the state is office work: 15.5% of South Dakotans are employed in offices. In descending order, the other major occupations are: Sales and related occupations (12%) Food preparation and serving (10%) Production (7.5%) Healthcare and training (7%) Transportation (7%) Workers’ Compensation Regulations in South Dakota Nearly every major employer in South Dakota is required by law to acquire workers’ compensation insurance. There are a few exceptions; for example, if you are an independent contractor, there is no need to have workers’ comp insurance. Farm workers are also not necessarily covered. This doesn’t mean that if you are a farm worker that your employer hasn’t taken out insurance, but it could mean that if you are badly injured, you may have to contact an attorney about legal options available. You'll have two years to file your claim. All health costs that are regarded as reasonable and are related to work injuries or occupational disease that have occurred on the job are included in compensation settlements, along with a percentage of lost wages. You may need to have evidence that medical treatment was for on the job injuries/illnesses. At-Fault Laws Govern Workers’ Comp in South Dakota One of the reasons workers’ compensation laws are so widespread in the U.S. is that it is regarded as a compromise between protecting employers (from expensive litigation) and employees. If you are working for a company in an office job and have a slip and fall accident that caused you to suffer an ankle injury, the no-fault arrangements mean that there is no need to show that the accident was the employer’s fault. For example, even if you were wearing unsuitable shoes that were part of the reason you tripped, you should still be able to file a workers’ compensation claim. This would be more difficult if you had to file a private personal injury claim, where proof of fault is much more important. Ask an Attorney for Advice if You Are Having Problems with Your Claim Workers’ compensation claims should be straightforward, but this isn’t always the case. There is a lot of paperwork that must be filled in and submitted meticulously. There are reasons why you might find that your employer was never insured or your claim was denied. This is when you should contact an experienced workers’ comp attorney for advice.
