For injured workers, there are very few options for returning to work if the physical damage of an accident limits your functional capacity for your job. If you cannot perform the tasks necessary for your field, you may be eligible for some form of permanent disability.
The types of permanent disability
There are two types of permanent disability defined in the provisions in South Dakota’s Workers’ Compensation law:
- Permanent partial disability: This applies to when an injury or illness impairs a portion of a worker’s body. The available benefits are calculated by combining a determination of what percentage of impairment that worker experiences against a timetable related to the disability of particular body parts.
- Permanent total disability: If that limitation totally limits your ability to perform tasks related to your job, you may be eligible for coverage of medical expenses and twice the amount of disability under the law.
The law in South Dakota
The state of South Dakota offers varying rates of compensation, depending on what determination a court makes for an injury. This compensation may entail:
- Weekly payment: Weekly compensation consists of two-thirds of the employee’s average weekly wage.
- Maximum: The maximum limit of compensation is $829 per week.
- Minimum: The minimum is $415 per week unless the worker’s average weekly wage was less than that total.
The laws surrounding workplace injuries and compensation are complicated and ever-changing. If you’ve been seriously injured in the workplace, an experienced worker’s compensation attorney can help you explore the options available for workers’ compensation.