Defending Your Rights And Future And Seeking The Compensation You Deserve

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.

Types Of Benefits You May Qualify For

We are local attorneys who were born and raised in South Dakota, and we are committed to helping our community earn the benefits they deserve when they need them most. We take the time to review the details of every case we get to pursue benefits such as:

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.

No matter what kind of benefits you need, we will use our extensive medical and legal skills to guide you through your disability claim.

PTD Qualifying Conditions

Permanent total disability (PTD) benefits in South Dakota are awarded to individuals who cannot perform substantial, gainful employment due to a serious injury or illness.

Several conditions are commonly recognized under PTD claims, including:

Severe back and spinal cord injuries: These can result in permanent loss of mobility, chronic pain or paralysis. Examples include herniated discs requiring fusion, fractured vertebrae or spinal cord damage.
Traumatic brain injuries (TBIs): These may lead to cognitive decline, memory loss, seizures or permanent changes in behavior. The long-term impact of a brain injury can render someone incapable of safe or productive employment.
Loss of limbs or amputations: Amputations, particularly involving multiple limbs, often qualify as PTD. The functional loss of use, even if a prosthetic is used, can significantly limit job options.
Severe burns or disfigurement: Extensive burns, particularly those causing functional loss of function or permanent disfigurement, may result in a PTD classification, especially if mental health issues also arise.
Degenerative conditions or occupational diseases: Some diseases like advanced silicosis, asbestosis or debilitating repetitive-use injuries can lead to permanent disability if they severely limit work ability.

These conditions are evaluated by how they affect your overall functional capacity. South Dakota considers the physical and vocational impacts before awarding PTD benefits.

To establish eligibility, claimants must undergo a Functional Capacity Evaluation (FCE), which assesses their ability to perform work-related tasks. This evaluation includes measurements of strength, endurance, flexibility and tolerance for repetitive movements.

Supporting medical documentation should include:

A physician’s statement confirming the condition has reached Maximum Medical Improvement (MMI)
Diagnostic imaging and test results (e.g. MRIs, CT scans, pulmonary function tests)
Treatment history and prognosis
Independent Medical Examination (IME) results, if requested by the insurer

Comprehensive documentation and objective testing are essential to demonstrate that the disability is permanent and total under South Dakota law.

The Impact Of Preexisting Conditions On PTD Claims

Preexisting conditions can complicate PTD claims, but they do not automatically disqualify a worker from receiving benefits. South Dakota law recognizes that a workplace injury may aggravate an existing medical issue, and such aggravation may be compensable.

Key considerations include:

Whether the workplace injury worsened the preexisting condition
Whether the combined effects of both conditions result in total disability
Whether the worker disclosed the condition during employment or at the time of injury

To ensure proper evaluation, workers should:

Provide complete medical records documenting the history and progression of the condition
Obtain a physician’s opinion on how the injury impacted the preexisting condition
Cooperate with Independent Medical Examinations (IMEs) requested by the insurer

In some cases, benefits may be apportioned based on how much the preexisting condition contributed to the disability. However, with strong medical evidence and legal guidance, workers can still secure full PTD benefits if the injury significantly worsened their condition.

Calculating Permanent Total Disability (PTD) Benefits

Understanding how PTD benefits are calculated can help injured workers set realistic expectations. In South Dakota, PTD benefits are based on a wage replacement formula and are paid for the duration of the disability.

The calculation includes:

Two-thirds (66 ⅔%) of the worker’s average weekly wage
A minimum weekly payment of $554 and a maximum of $1,108 as of July 2025
Cost of Living Adjustments (COLA), applied annually (2.9% increase effective July 2025)

Additional factors that may influence the benefit amount:

Whether the worker is receiving Social Security Disability Insurance (SSDI)
Whether the worker had multiple jobs or variable income before the injury
Whether the worker qualifies for vocational rehabilitation or retraining

Benefits are typically paid weekly and continue for life unless the worker returns to gainful employment or the condition improves significantly.

Lump Sum Settlements Vs. Ongoing Benefits

If you qualify for PTD in South Dakota, you have two workers’ compensation options – lump sum payment or weekly benefits. Each has advantages and drawbacks. A lump sum settlement:

Provides a one-time payment upfront.
Can be beneficial if you want financial flexibility, such as paying off debt or investing.
May come with limited or no future medical coverage, depending on terms.
Is generally final – once you accept a settlement, reopening your case is rare.
Can have tax implications based on how the settlement is structured.

Ongoing weekly benefits:

Offer stability with regular payments based on your wage at the time of injury.
Include potential coverage for future medical care related to your condition.
May be adjusted based on cost-of-living increases.
Keeps your case open, allowing you to seek additional relief if your condition worsens.

Settlements in South Dakota are calculated as follows:

Your average weekly wage
The extent of your disability and future work potential
The present value of anticipated benefits over your lifetime
Future medical expenses
Age and life expectancy

Before accepting a lump sum, talk to our workers’ compensation attorney to weigh long-term needs versus short-term gain.

What Is The Appeals Process For Denied Claims?

The step-by-step appeals process includes:

Administrative hearing: After denial, your first step is to request a hearing before an Administrative Law Judge (ALJ) at the South Dakota Department of Labor. You must file this request within two years of your injury or denial.
Department of Labor Review: If the ALJ rules against you, you may request a further review by the South Dakota Department of Labor and Regulation. This is a more in-depth review of the case file and arguments.
Circuit Court Appeal: You may also appeal the Department’s decision to a South Dakota Circuit Court. This is a formal legal process, and it is strongly recommended that you have legal representation at this stage.
South Dakota Supreme Court (if necessary): In rare cases, appeals may go as far as the state’s highest court. However, only legal or procedural errors, not factual disagreements, are considered.

Documentation, expert medical testimony and vocational analysis are crucial at every level of appeal.

Vocational Rehabilitation And Reemployment Efforts

Before awarding PTD benefits, South Dakota may explore whether retraining or placement in another occupation is possible. This is known as vocational rehabilitation.

Key elements include:

Assessment of skills and work capacity: A vocational counselor evaluates the worker’s education, experience and physical limitations.
Development of a reemployment plan: If retraining is possible, the state may fund schooling or training programs aimed at transitioning the worker into a less physically demanding career.
Job placement assistance: Counselors may assist with resume writing, job applications and interview prep.

If reemployment is not viable despite rehabilitation, it strengthens the case for PTD.

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 earns 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.