Rapid City Temporary Disability Attorneys

Helping You Get Back on Your Feet

After being injured in a workplace accident in South Dakota, you might not be able to return to work right away as your injuries heal. Part of your workers’ compensation benefits could help you pay your bills in the meantime if you qualify for temporary disability. Specifically, if you miss at least 7 days of work, then you can start getting temporary disability as a wage replacement benefit.

Whiting Hagg & Dorsey, LLP in Rapid City can help you understand and utilize your options after a workplace accident sets you back. We’re here to help ensure that you get the workers’ compensation benefits you deserve, including temporary disability or permanent disability. Whether you need to file your claim still or you have already encountered trouble from your employer or their insurer, we’re the legal team you can trust through and through.

Discuss your temporary disability benefits options today. Call (605) 519-6136 to speak with our Rapid City temporary disability lawyers.

What is Temporary Disability?

In South Dakota, workers who are unable to work but are expected to recover within a reasonable amount of time are considered temporarily disabled, as opposed to someone who is permanently disabled from their injuries. A portion of the injured worker’s wages will be provided through the disability benefits until they can return to work. If no work can be done in the meantime without risking the worker’s health, then they could be eligible for temporary total disability (TTD) benefits.

Frequently asked questions about temporary disability benefits in South Dakota are:

• What does temporary disability pay?
  Temporary disability benefits can pay 66-2/3% of your average weekly pre-injury wage. South Dakota imposes minimum and maximum weekly payment amounts, which can change from year to year based on inflation and cost-of-living changes. The most recent pay scale ranges from $299.00 a week to $597.00 a week.
• How long does temporary disability last?
  You can receive temporary disability benefits for as long as your injury is preventing you from returning to work, or until your disability type hits its allotted benefits cap. Your treating physician will need to produce medical reports regarding when your injury is expected to heal, or you are expected to reach your maximum medical improvement (MMI). If you aren’t expected to be able to safely return to work, then you might qualify for permanent total or permanent partial disability benefits instead.
• Can you get a second opinion about our disability?
  You can seek a second opinion about the extent of your injury and disability, but any costs associated with getting that second opinion must be paid through your own finances. Your employer and their insurer can also seek a second opinion if they disagree with your disability assessment.

How to Apply for Temporary Disability in South Dakota

For many temporary disability beneficiaries in South Dakota, the process of applying for those benefits will be wrapped up in the overall workers’ compensation process. If you have been injured at work and qualified for workers’ compensation benefits, then there should already be medical evidence of your injury to justify the need for disability benefits. If for whatever reason you need to apply for temporary disability benefits outside of a workers’ compensation claim, then the process could look much different, depending on what insurance company or party will provide those benefits.

We Handle Temporary Disability Benefits Cases

To eliminate the guesswork from your disability case, come to Whiting Hagg & Dorsey, LLP. Our temporary disability attorneys in Rapid City can manage your case from start to finish, so you never need to worry about details and deadlines. You can just focus on your health while we work with insurance companies to get the most benefits for you, which could be paid in a lump-sum settlement. This is what we’ve done for years, so we’ve earned the trust of workers in all sorts of industries throughout Rapid City.

Contact us today to get more information about our legal services. Our temporary disability lawyers in Rapid City are standing by to help!