Workers’ Compensation is a benefit that is available to employees who suffer an injury that arose out of and in the course of their employment.
Work-related injuries typically covered by workers’ compensation include:
- Back and neck injuries
- Carpal tunnel/repetitive trauma injuries
- Hearing problems
- Work-related emotional problems
- Work-induced heart attack or stroke
- Occupational diseases such as asbestosis and dermatitis
- Asthma or other work-related pulmonary conditions
- Loss of use of limbs
- Eye injuries
The issues that arise most often in these matters are:
- Whether the injury arose out of and in the course of employment. This issue can be complicated by a pre-existing injury or condition.
- Whether the employer was given proper notice. Generally, an employee must notify an employer in writing within three working days. There are some exceptions, however, such as whether the employer had actual knowledge of the injury, or the employee was not initially aware a complaint was work-related.
- What benefits is the injured employee entitled to? Generally, benefits include medical expenses, time lost from work, and compensation for permanent injury. Retraining may be available in some cases.
- Was the injury permanent?
- Can I choose my own doctor? Generally, the answer is yes.
- Should I sign this Memorandum of Payment or other forms?
- Is settlement in the best interests of the employee/employer?
We handle the full range of workers’ compensation matters for employers and employees, from an administrative hearing all the way through an appeal, but only in South Dakota.
