Understanding Various Benefits In Workers’ Compensation Cases

Under South Dakota’s workers’ compensation laws, injured workers may be eligible to recover different types of benefits depending upon the extent of their injuries. In all cases, there is a seven-day waiting period before benefits can be paid. At Christensen Law Office, PC, we advocate for injured workers and ensure they obtain the benefits they qualify to receive.

Temporary Partial Disability (TPD) benefits are for workers who are able to return to work but cannot work the same number of hours. The worker will receive a percentage of the difference between their pre-injury average weekly wage and their post-injury wage.

Temporary Total Disability (TTD) benefits are for injured workers who are unable to return to work after seven consecutive days. Under South Dakota law, a worker may receive 66 2/3 percent of their average weekly wage.

Permanent Partial Disability (PPD) benefits are for injured workers who have suffered permanent damage from a workplace injury or illness. Permanent Partial Disability will be assigned as a percentage. The South Dakota Department of Labor will calculate and approve the Permanent Partial Disability rating.

Permanent Total Disability (PTD) benefits are for workers whose injuries prevent them from returning to work.

What Would You Like Answered About PTD Benefits?

Navigating a claim for workers’ compensation benefits or disability benefits can raise a lot of questions, especially if you are seeking permanent total disability (PTD) benefits. Our workers’ comp lawyers can provide the answers you need. On this page, we have responded to some of the questions that we hear most frequently from our prospective clients.

What is an impairment rating?

When you seek disability benefits, a qualified physician will evaluate your level of impairment and give you an impairment rating. An impairment rating is the percentage of a whole person who is impaired due to a certain medical condition.

What circumstances qualify you for PTD benefits?

A worker who becomes permanently unable to work and earn at least their weekly workers’ compensation then they can make a claim for PTD benefits. For instance, if you were injured and your weekly workers’ compensation wage is $1900.00, the question is whether you can find and perform work earning at least $22.50 per hour with your current restrictions.

What is the difference between short-term and long-term disability plans?

A short-term disability plan is meant to provide for your damages in the short-term – up to 26 weeks. A long-term disability plan provides coverage for injuries or illnesses that last more than 26 weeks.

Can I receive workers’ compensation benefits at the same time I am receiving Social Security Disability or employer’s long-term disability?

In some situations, yes. In fact, many injured or ill workers miss out on substantial benefits because they do not realize all the options available to them. If you suffered an injury or illness on the job that left you unable to work, a lawyer can help you determine which benefits you could receive.

Is it possible to be fired after receiving workers’ compensation?

It is against federal employment law for an employer to fire or otherwise retaliate against an employee for seeking workers’ compensation benefits. In spite of this, far too many employers retaliate against employees who try to recover benefits. If your employer wrongfully terminated you after you filed a workers’ comp claim, it is time to speak with an attorney.

We Work To Secure The Benefits You Are Owed

Because South Dakota workers’ compensation laws are complex, it is common for injured workers who attempt to navigate the process on their own to miss out on the benefits they qualify to receive.

If you are coping with a work-related injury, or if workers’ compensation benefits you were receiving were terminated before your doctor said you are able to return to work, we can help. We welcome the opportunity to review your situation and recommend a course of action. Call 605-206-5872 or use our online contact form to schedule a free consultation.