South Dakota requires employers to carry workers’ compensation insurance to protect employees injured on the job from financial repercussions and employers from liability.
If your injuries result in permanent impairment, you may also request a lump sum payment.
Employee rights to workers’ compensation coverage
South Dakota law requires injured employees to report a workplace injury to the employer within no less than three business days from the time it happens. Most employers will file a workers’ comp claim for you. However, should they refuse, you can file the claim directly using forms provided by the Division of Labor and Management. The insurance company then has 20 days to start and complete the investigation into your accident.
Permanent impairment and lump sum payment
When a workplace injury results in permanent impairment, you could potentially receive permanent partial disability benefits. The process of determining the exact amount of these benefits depends on several factors and can become complex.
Thankfully, the South Dakota Department of Labor and Regulation allows employees permanently impaired in a workplace accident to request a lump sum payment of benefits without closing the case. You simply fill out the appropriate paperwork and wait for the department to review your request. They may approve a total or partial lump sum depending on what works in your best interests.
Remember that insurance adjusters address all claims from the perspective of the company’s best interest. To ensure the protection of your right to fair compensation, you may benefit from consulting with a union or HR rep.