Spearfish Workers’ Compensation Lawyers

Workers’ Compensation Claims in South Dakota

Injured workers should be provided workers’ compensation benefits to get them back on their feet quickly, comfortably, and without hurting their own finances. But using workers’ compensation is not always as easy as it should be. A frustratingly high percentage of injured workers who file for workers’ compensation will run into trouble. In some industries, workers’ compensation claims are delayed or denied at a rate of 50%.

To give your workers’ comp case a fair chance of succeeding, start it with the help of Whiting Hagg & Dorsey LLC. Our Spearfish workers’ compensation attorneys have the experience, knowledge, and insight needed to guide and represent injured workers from all industries.

We can represent workers from the following industries and more:

• Retail
• Foodservice
• Law enforcement
• Emergency response
• Healthcare
• Hospitality
• Construction
• Agriculture
• Mining
• Transportation and delivery

With us by your side, you can be confident that your workers’ compensation claim will be handled correctly and respected by the insurance company and your employer. We can assist with initial filings and with challenging denials if you have already filed.

Call (605) 519-6136 or contact us online if you were hurt at work.

What Does Workers’ Comp Do?

Workers’ compensation is a no-fault insurance system designed to take care of injured workers after a workplace accident or injury. Because it does not depend on establishing fault, a worker can get the benefits of workers’ comp even if they admit to causing the accident due to a mistake or moment of negligence.

South Dakota law does not strictly require all employers to carry workers’ compensation insurance, but most do because the alternative requirements are typically more expensive. If an employer does have workers’ compensation insurance, then it covers most employees. In other words, if you are an employee in South Dakota, not an independent contractor, then you likely are covered by workers’ comp.

Workers’ Compensation Benefits in South Dakota

Through workers’ compensation, an injured worker can gain access to various benefits. Each benefit is meant to help keep the healing process on track and allow the worker to come back to work sooner than later, which is beneficial for the employee and the employer alike.

Four main benefits afforded through most workers’ comp policies are:

1. Medical care: Any medical treatment deemed necessary and “reasonable” to treat your work-related injury should be completely covered through workers’ comp.
2. Disability pay: If you miss work for an extended period, you can get roughly two-thirds of your average weekly pre-injury wage. Disability benefits can become permanent if you are never able to fully recover.
3. Retraining: If you want to return to work but your injury prevents you from completing your prior job duties, then your employer could be obligated to retrain you to act in a different role that accommodates your injury.
4. Death benefits: The families of workers who pass away from a work-related injury can receive certain death benefits that help them gain financial stability.

Let Us Help You Get Workers’ Comp

The last thing you want to do while recovering from a work-related injury is probably to deal with insurance companies that want to minimize your claim. The situation will only get more complicated if your employer also tries to say that your injury should not be covered by workers’ comp for one reason or another. For example, some employers or insurers will say that an injury was caused through deliberate negligence or was preexisting.

Do not worry yourself with the legal fight that could be on the horizon. Instead, team up with our workers’ compensation attorneys in Spearfish for all the legal guidance and representation you need.

Let’s talk today. Please call (605) 519-6136 and schedule a consultation with our workers' compensation lawyers in Spearfish.