Unlike most states, workers’ compensation insurance is not mandatory for both employees and employers in South Dakota. If you are injured on the job and want to collect compensation for your injuries and your employer does not have workers’ compensation insurance, you must file a personal injury lawsuit against them. A Watertown workers’ compensation lawyer from Turbak Law Office, P.C. can help you pursue the compensation you deserve.
If you were injured on the job, don’t try to get the money you need on your own. Contact us online or call 605-886-8361 today for a free consultation with a Watertown workers’ comp lawyer.
What Should I Do If I am Injured on the Job?
There are specific steps to take if you are injured on the job:
- Seek Medical Care – Your health and safety is the number one priority. If you are injured in any way, get medical treatment for your injuries. Even if you think your injuries will not warrant a workers’ compensation claim, see a doctor anyway. Many injuries do not become symptomatic until days or weeks after an accident. When you see the doctor, you’re creating a medical record that links your injury to the workplace accident.
- Ask About Workers’ Compensation – Ask your employer if they have workers’ compensation insurance and if you are covered.
- Notify Your Employer – If you are covered, you have three days to notify your employer in writing about your injuries. This is a crucial step in the process and could be used by the insurance company to deny your claim if you don’t notify your employer within the required time period.
- A Claim is Filed—Your employer must submit a First Report of Injury to the insurance carrier within seven days of their receipt of notice of the injury. The company has 20 days to approve or deny the claim.
Types of Benefits You Could Receive Under Workers’ Compensation
Depending on the circumstances of your claim, you could be eligible for lost wages and some of the following workers’ compensation benefits:
- Medical – Workers’ comp will pay for necessary medical care for the work-related injury. Medical expenses includes emergency room, ambulance, hospital, doctor visits, prescriptions, and physical therapy expenses.
- Temporary Total Disability (TTD) – TTD benefits are paid if you are unable to work for more than seven consecutive days. These benefits are equal to 66 2/3 of your weekly earnings.
- Temporary Partial Disability (TPD) – If you can return to work but are earning less than before because of your injury, TPD benefits are payable. These benefits are paid weekly and amount to half of the difference between your pre-injury weekly wage and your current weekly wage.
- Permanent Partial Disability (PPD)—These benefits are for workers who have workplace injuries that result in permanent impairment. The injured worker’s doctor will provide an impairment rating for the specific injury, and the worker will receive monetary benefits based on the rating and the number of weeks allocated by the workers’ compensation laws to the part of the body that was injured.
- Permanent Total Disability (PTD) – If a worker is unable to return to any kind of work because of their work-related injury, PTD benefits are paid at a rate of 66 2/3 of their weekly wage for life.
- Death Benefits – If a worker dies due to injuries, the families can receive up to $10,000 for funeral and burial expenses. Additionally, the spouse of the deceased worker can receive 66 2/3 of the workers’ weekly wage for life or until they remarry. If there is no spouse, the children can receive benefits.
Why You Should Hire a Watertown Workers’ Compensation Lawyer
Seeking benefits from injuries sustained on the job in South Dakota can be more complex than in other states. This is because employers are not required to have workers’ compensation insurance for injured workers. Having workers’ compensation attorneys for your work injury claim is important because you don’t want to make any errors that could lead to a denial of benefits.
Other reasons to hire legal counsel include:
- Filing Your Claim—Workers’ compensation forms need to be filled out correctly to increase the chances of obtaining benefits.
- Advocating For You – If your employer’s insurance company or the Division of Labor and Management has follow-up questions about your claim, your lawyer can answer them correctly to help you gain benefits.
- Negotiating – Your attorney may need to negotiate with the insurer or their attorneys to obtain fair compensation for your injuries.
- Filing A Lawsuit – Your attorney can file a personal injury lawsuit against your employer if they do not have workers’ compensation insurance.
Why Choose Turbak Law Office, P.C. for Your Watertown Workers’ Compensation Claim
While there are many workers’ compensation attorneys in Watertown, you should hire a firm that has the experience and dedication to help you get the compensation you deserve for your injuries. Reasons to choose Turbak Law Office, P.C. include:
- Seasoned Workers’ Compensation Lawyers – We have been in business since 1982 and are experienced attorneys who understand the complexity of workers’ compensation claims.
- Strategic Focus – Our law firm focuses entirely on personal injury claims. We know how to pursue the benefits you need.
- We Live Here—Our attorneys live in the community. We understand the specific financial stresses that happen in Watertown and the ins and outs of the local court system, which benefits our clients.
- Accolades – Our attorneys have received awards from U.S. News & World Report, Super Lawyers, and Benchmark Litigation.
Workers’ Compensation Frequently Asked Questions
We understand that you will have specific questions about your particular workers’ compensation claim, and our Watertown workers’ compensation lawyers we will address those at our initial consultation. However, the following are answers to many common questions that may help you.
Will my claim be denied if my work injury was caused by a mistake?
While there are some exceptions, even if your work injury was a mistake, you should still be covered by workers’ compensation insurance. Some exceptions include injury due to intoxication with alcohol or drugs, or that was the result of willful misconduct or negligence.
What do I do if my workers’ compensation claim is denied?
If your claim is denied, there are still avenues to take to obtain benefits. It may be a simple issue of insufficient medical or employment information or a minor error in the application. Other times, you may need to file a claim with the Division of Labor and Regulation and get your case in front of an administrative law judge.
What should I do if the insurance company contacts me with a lump-sum settlement claim?
It is important to remember that insurance companies are not on your side. They are in the business of making money, which means paying out claims for as little as possible. If you take a lump-sum payment, you may have to forfeit your right to other benefits. If an insurance company contacts you, refer them to your workers’ compensation lawyer.
What happens if I have a pre-existing condition and get injured while on the job?
This is a complex issue, but you may be able to get workers’ compensation benefits if your work injury aggravates or worsens a pre-existing condition. Contact us for a free consultation with our experienced workers’ compensation attorneys. If you choose us as your representation, you don’t pay until we win your case.
Do I need a lawyer for my workers’ compensation claim?
Injured workers don’t need a workers’ compensation lawyer in Watertown to file a claim. However, leaving the legal issues of compensation and benefits to the professionals is always best. A denial of a claim can have disastrous effects on your financial future. You only get one shot to file a claim. Let a Watertown workers’ compensation lawyer handle it for you. This enables you to concentrate on recovering from your work injuries without worrying about all the procedural details that accompany a case.
My employer has not submitted my claim to their insurance carrier. What should I do?
Your employer is obligated to submit your workers’ compensation claim to their insurance carrier. This should be done within seven days of their notice of your injury. You should speak to the head of your human resources department to find out the status of your claim. If they aren’t helpful, speak to a workers’ compensation lawyer to learn your rights and how to pursue them.
Contact a Watertown Workers’ Compensation Lawyer Today
Our law firm understands the stressors that occur when our clients are injured in any type of accident. The Watertown workers’ compensation lawyers at Turbak Law Office, P.C. can help you file your workers’ compensation claim or an appeal if the insurance company has denied your claim. We have over 40 years of experience working with clients on all personal injury cases, including workers’ compensation claims. We are caring when you need us to be. However, we can aggressive when we’re fighting for your rights against insurance companies’ lawyers and defense attorneys. Our personal injury lawyers have worked with clients on work-related injuries and filed personal injury lawsuits against employers since 1982. Our legal team has built a professional reputation through client testimonials and case results of excellence. Turbak Law Office, P.C.‘s work on workers’ compensation cases proves this.
At Turbak Law Office, P.C., our team concentrates on personal injuries. A Watertown workers’ compensation attorney from Turbak Law Office, P.C. keeps updated on new legal issues concerning our clients and use that information for your claims. Your needs are paramount, and we will be there for you from the initial consultation until your case is closed. Contact us today at 605-886-8361 or reach out online for a free consultation about your case. You don’t pay unless we win your case.