If it doesn’t seem right, you should speak with a workers’ compensation attorney.
Most employers in South Dakota are insured against employee injuries, but coverage is not required by state law. Regardless, your employer should never ask you to use your own insurance to cover an on-the-job injury. There is typically one of three scenarios: an employer has insurance coverage, an employer pays workers’ compensation claims out-of-pocket or an employer is sued in court.
Injury lawyers near Watertown, South Dakota, and throughout the state can advise you on how to handle a workplace injury claim. Even if you suspect your employer will not immediately agree to pay benefits, it’s essential you follow the state-mandated reporting procedures. This protects you and preserves your right to financial compensation.
How to Make a Claim for Injury at Work
If you are hurt on the job, you are required to give written notice to your employer within three business days. Your employer is then required to fill out a First Report of Injury form that details the accident, the place of employment and the type of medical treatment you received and from whom.
The First Report must be submitted to the South Dakota Department of Labor and Regulation within seven calendar days. If you suspect your employer hasn’t taken this step, you should contact the department as soon as possible. Your employer cannot take the cost of workers’ compensation insurance from your wages, prevent you from filing for benefits or threaten you for doing so.
If Your Employer Doesn’t Want to File an Insurance Claim
There are a number of possible reasons why your employer may ask you to use your own insurance. They may not carry insurance. In the event they have coverage from a commercial carrier or are self-insured, they may not want to incur the expense of a claim. An on-the-job injury can result in higher premiums paid by the employer or greater out-of-pocket expenses.
Regardless of the reason why, you should get help from a South Dakota workers’ compensation lawyer if your employer is not supportive. Hiring a lawyer ensures you do not suffer harassment or intimidation when you should be focused on your physical recovery. An attorney can also initiate the important legal steps that will ensure you get the financial compensation to which you are entitled.
Contact Us to Get More Information
Turbak Law is here to help. If you are wondering how to make a claim for an injury at work, get in touch with our office by contacting us online or calling 605-886-8361.
