If an employee is injured on the job in South Dakota, their opportunity for compensation will likely be governed by South Dakota’s Workers’ Compensation laws (Work Comp). 

Work comp laws have been developed nationwide, on a state-by-state basis, to provide employees with guaranteed benefits in the event of a job-related injury, without the need to prove employer fault.  To be compensable, the injury must “arise out of and in the course of employment.”  Compensation is statutorily set, and is designed to provide a fair remedy to the employee without exposing the employer to exorbitant awards (e.g., punitive damages).  Because it is a no-fault system, traditional fault-based defenses (such as contributory negligence or assumption of the risk) are not available to the employer.  The work comp remedy is exclusive, meaning the employee cannot sue the employer in tort for additional damages, unless the employer has engaged in intentional misconduct or is not covered by workers’ compensation insurance.

In most situations, actual compensation comes from the insurance companies.  These insurers may be quick to catch injured employees in pitfalls which exist in the work comp rules.  A few such pitfalls include the following: 1) failing to give timely notice of injury; 2) failing to seek timely medical treatment; 3) alleged misconduct by the injured worker; 4) injury was not “work related”; 5) injuries were preexisting conditions; and 6) denial of indemnity benefits for refusal to accept modified work duties.  

Assuming a compensable injury, the following benefits are available: Medical Expenses, Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, Permanent Total Disability, Rehab/Retraining expenses, as well as Death Benefits.

The South Dakota Department of Labor administers the work comp scheme.  An injured employee would be wise to seek legal advice as soon as possible, because there are many legalities and technicalities that can bar a claim for recovery.  There are some good attorneys in Rapid City and South Dakota who are well-acquainted with work comp laws. 

Note: The author would like to acknowledge the assistance of Brad Lee, an attorney at Beardsley, Jensen & Lee, for his assistance in the preparation of this week’s column.  Brad is former student of the author and a respected Work Comp attorney in Rapid City.   Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com .