South Dakota Workers Compensation: A Comprehensive Overview
South Dakota is home to several industries ranging from agriculture to mining and healthcare. These industries, like any other, are faced with workplace hazards that can result in work-related injuries or illnesses. This is where South Dakota Workers Compensation comes in. Workers’ compensation is a state-mandated program that provides specific benefits to employees who are injured or become ill as a result of their job. In this article, we will provide a comprehensive overview of South Dakota Workers Compensation, including the recent changes, benefits, and requirements.
South Dakota Workers Compensation – An Overview
Before delving into the specifics of South Dakota’s workers’ compensation system, it is important to understand the basics of workers’ compensation across the country. Generally, workers’ compensation is a system that provides benefits to employees who suffer from work-related injuries or illnesses. The system is built on the premise of no-fault liability, which means that an injured worker does not have to prove that the employer’s negligence caused the injury to receive benefits.
In South Dakota, the workers’ compensation system is administered by the South Dakota Department of Labor and Regulation (DLR). The DLR oversees all aspects of the system, including benefits, claims, and insurance coverage. Employers in South Dakota are required by law to provide workers’ compensation benefits to their employees. Failure to do so can result in legal action, including fines and penalties.
Workers Compensation Insurance Requirements
South Dakota requires employers to have workers’ compensation insurance if they employ one or more full-time or part-time employees. Owners working on their own are not required to have workers’ compensation insurance.
Employers can obtain workers’ compensation insurance from an approved private insurance carrier, or they can self-insure by demonstrating their ability to meet the financial obligations of self-insurance.
Recent Changes in South Dakota Workers Compensation
South Dakota’s workers’ compensation system has undergone some significant changes in recent years. These changes aim to improve the system’s efficiency, benefit delivery, and administration. The most notable changes include:
1. Reduction in Carriers
Effective January 1, 2019, South Dakota reduced its workers’ compensation insurance carrier pool, from 14 to 11. This move was designed to simplify the system and ensure that carriers provide adequate coverage and services.
2. Elimination of Permanent Partial Disability Benefits
In 2017, South Dakota passed Senate Bill 136, which eliminated permanent partial disability (PPD) benefits in the state. PPD benefits compensate employees with permanent injuries that do not prevent them from working but result in permanent impairment. Under the new system, employees receive a permanent impairment rating and a one-time payment.
3. Increase in Maximum Benefits
In 2021, South Dakota increased its maximum weekly benefits from $613 to $639. This is in line with the annual increase in the state’s average weekly wage.
Benefits Provided by South Dakota Workers Compensation
South Dakota workers’ compensation system provides several benefits to employees who suffer work-related injuries or illnesses. These benefits include:
1. Medical Benefits
South Dakota workers’ compensation provides medical benefits to employees who suffer work-related injuries or illnesses. These benefits cover all reasonable and necessary medical expenses, including hospitalization, physician services, diagnostics, and physical therapy.
2. Wage Replacement Benefits
South Dakota workers’ compensation provides wage replacement benefits to employees who suffer lost income due to a work-related injury or illness. The system offers two types of wage replacement benefits: temporary total disability benefits and permanent total disability benefits.
Temporary Total Disability Benefits– These benefits are provided to employees who are temporarily unable to work due to a work-related injury or illness. The benefits are set at 2/3 of the employee’s pre-injury average weekly wage and are paid until the employee can return to work or reaches maximum medical improvement.
Permanent Total Disability Benefits – These benefits are provided to employees who are permanently unable to work due to a work-related injury or illness. The benefits are set at 2/3 of the employee’s pre-injury average weekly wage and are paid for the remainder of the employee’s life.
3. Vocational Rehabilitation Benefits
South Dakota workers’ compensation provides vocational rehabilitation benefits to employees who suffer work-related injuries or illnesses that prevent them from returning to their pre-injury job. Vocational rehabilitation helps employees develop new skills and find new employment. This benefit includes job training, job search assistance, and education with the aim of restoring the employee’s earning power.
4. Death Benefits
South Dakota workers’ compensation provides death benefits to the dependents of employees who die as a result of a work-related injury or illness. The benefits include burial expenses and weekly benefits to dependents.
Requirements for obtaining South Dakota Workers Compensation Benefits
Employees who suffer from work-related injuries or illnesses are required to follow specific procedures to qualify for workers’ compensation benefits. These requirements include:
1. Employee Notification
Employees must notify their employers of any work-related injury or illness within three days. The notification should be in writing and must include the date, time, location, and a brief description of the incident.
2. Medical Attention
Employees are required to seek medical attention within seven days of the work-related injury or illness. Medical evaluations are essential to document the employee’s injuries and develop a treatment plan.
3. Employer Notice to Insurance Carrier
Employers must notify their workers’ compensation insurance carrier of any work-related injury or illness within 48 hours of the incident. The notification should include the employee’s name, the date, time, and location of the incident, and a brief description of the injury.
4. Employer’s Investigation
Employers are required to investigate the work-related injury or illness and submit a report to their insurance carrier within ten days of notification. The report should include the employee’s name, the date, time, and location of the incident, a detailed description of the injury, and the names of witnesses.
5. Filing a Claim
Employees are required to file a workers’ compensation claim within two years of the work-related injury or illness. The claim should be filed with the DLR and include all necessary documentation, including medical records and previous employer insurance information.
Final Thoughts
South Dakota workers’ compensation system provides specific benefits to employees who suffer work-related injuries or illnesses. As an employer, it is essential to understand the workers’ compensation requirements and ensure that you are adequately insured. Employees should also understand the requirements for obtaining workers’ compensation benefits and follow the necessary procedures. In summary, South Dakota’s workers’ compensation system is designed to protect employees and provide benefits in cases of work-related injuries or illnesses.
Frequently Asked Questions about South Dakota Workers’ Compensation
What is South Dakota workers’ compensation?
The purpose of South Dakota workers’ compensation programs is to provide for individuals who are injured or made ill while on the job and are therefore unable to work. South Dakota workers’ compensation is a type of insurance and your employer is mandated to supply you with coverage to it. Some income-replacement will be provided, as will all costs related to healthcare for the injury.
Do some individuals not get South Dakota workers’ compensation?
Unfortunately, there are important exceptions to the South Dakota workers’ compensation mandate, so that some individuals may not qualify for compensation if they are injured on the job. First, there are farm laborers, agricultural laborers, and domestic servants who work less than twenty hours a week or who have been working at their current job for less than six weeks during the preceding thirteen week period.
In addition, the mandate does not cover some independent contractors, though these contractors all need to have obtained an exempt status from the South Dakota Department of Labor and Regulation.
What do I do if I’m injured?
There are a few very important steps that you have to take if you wish to qualify for South Dakota workers’ compensation. The first step is always to find immediate medical attention; don’t sacrifice your own health for the sake of some regulation.
After getting assured of your immediate medical safety, report your injury to a supervisor as soon as possible. It is best if you can do this in writing and then make a copy of the letter. That way, you’ll have documentable proof that notification was sent. Additionally, the notification should make clear the severity of your injury as well as the circumstances in which it was incurred.
As soon as possible, you should also inform your supervisor about your physician’s prognosis and how long you expect to be out of the office. At this time, you should request that they fill out a First Report of Injury form. If they do not, the Division of Labor and Management should be contacted immediately and help sought.
What are South Dakota workers’ compensation benefits?
There are several distinct types of South Dakota workers’ compensation benefits, so you should research carefully to understand which ones you and your family will qualify for:
• Temporary Total Disability: If you’ve missed seven consecutive days of work, you are entitled to a weekly benefit package equaling 62 2/3% of your regular paycheck.
• Temporary Partial Disability: This is for you if you can return to work but cannot work an equal amount to what you did before. The insurer may be expected to compensate you for the difference.
• Permanent Partial Disability: If just one part of your body is failing, a medical doctor will determine how much of your body suffers from that impairment and calculate how much you should receive in benefits.
• Permanent Total Disability: When returning to work will never again be possible.
• Rehabilitation: If you’re unable to return to work without a rehabilitation program.
