What Injuries & Illnesses Are Covered by Workers’ Compensation in Rapid City?

If you are covered by workers’ compensation, you are covered for any injury or illness you suffer in relation to your job. This includes injuries caused by traumatic workplace accidents and those developed over time due to repetitive motions and other job-related duties and activities. It also includes occupational diseases and illnesses that occur in relation to one’s employment.

Some of the most common work-related injuries and illnesses for which workers’ compensation claims are filed include:

• Traumatic injuries resulting from one-time workplace accidents
• Brain injuries, including traumatic brain injuries
• Back injuries
• Head, neck, and shoulder injuries
• Commercial motor vehicle accident-related injuries
• Repetitive motion injuries (e.g., carpal tunnel syndrome)
• Accidental amputation of a limb or extremity
• Hearing and/or vision loss (partial or total)
• Cancer
• Respiratory illnesses
• Stress and mental health-related disorders/injuries
• Spine/spinal cord injuries

Depending on the nature and severity of your injury or illness, you could be entitled to partial or total temporary or permanent disability benefits. These are a type of wage replacement benefit intended to help employees who are unable to return to work (temporarily or permanently) due to their injuries/illnesses.

Additionally, if you are covered by workers’ compensation, you could be entitled to medical benefits, which cover all costs associated with treating your injuries or illness. These include both emergency medical care costs and ongoing expenses, as well as transportation costs associated with traveling to and from doctors’ appointments.

What If I Didn’t Notify My Employer About My Injury Right Away?

A great example of workers’ compensation rules being interpreted differently than their plain language is the Notice rule. This is the rule which requires injured employees to provide written notice to the employer describing the injury within three business days after its occurrence. SDCL 62-7-10.

The problem injured employees are faced with, however, is that most of the time the employees do not want to complain unless the injury is serious. Then, two or three weeks later when the injury is getting worse and is serious, the employer or its insurer may deny the claim because the injured employee did not comply with the Notice statute.

These immediate denials may make sense to an injured employee, seem consistent with the Notice rule, and encourage employees not to proceed with their worker’s compensation claim. Instead, the employee may just rely on health insurance or not get treatment at all.

This is a BIG mistake that may cost you and your family for years to come.

Interpreting the Notice rule, the South Dakota Supreme Court has explained that “the time period for notice or claim does not begin to run until the claimant, as a reasonable person, should recognize the nature, seriousness and probable compensable character of the injury or disease.” McNeil v. Superior Siding, Inc., 2009 SD 68, 771 N.W.2d 345, 348, reh’g denied (Sept. 8, 2009).

What this means is that, if you did not think your work-related injury was serious at first (e.g., strained or pulled muscle), the Notice rule does not go into effect until you realized the injury was serious.

The safest route is to always notify your employer in writing of any injury you suffer while on the job. However, if you wait to notify your employer about the injury until after you think it is serious, do not give up when the claim is initially denied. If you find yourself in this situation, talk to a Rapid City workers' compensation lawyer at our firm to protect yourself and your family. You will be glad you did.

Why You Need a Rapid City Workers’ Compensation Attorney

South Dakota law does not require you to hire a workers’ compensation lawyer to file a claim. However, it is in your best interests to work with an experienced advocate who can walk you through the process and help ensure that you do not make any mistakes that could jeopardize your chance of recovering benefits.

Workers' comp claims are complex, and a claimant could unknowingly make critical errors that bar them from securing compensation for their losses. Our Rapid City workers’ compensation attorneys can help ensure that your claim is filed correctly and according to the appropriate timelines. We can also represent you in appeals proceedings if your claim is denied.

Additionally, our workers' comp attorneys in Rapid City are well-versed with injury law. If necessary, we can help you bring a third-party work injury claim.

Call our Rapid City workers' comp lawyers at (605) 777-7466 or submit an online contact form to get started.