Key Takeaways:
- Reporting a workplace injury promptly is crucial for protecting your health, your rights, and your ability to receive compensation.
- Delayed reporting can raise doubts about the legitimacy of your claim and make it harder to obtain benefits.
- Employers have a legal obligation to provide a safe work environment, and reporting injuries helps identify and address hazards.
- Understanding your company’s reporting procedures and South Dakota workers’ compensation laws is essential.
- If you’ve been injured on the job, seeking legal advice from a workers’ compensation
When someone is injured at work, their first instinct may not be to report the incident to their employer, especially if the injury is mild. However, if the injury becomes worse later and causes complications, it could be harder to get workers’ compensation if they wait to report the problem.
Insurance carriers will ask why the employee waited to report the injury, and they may minimize benefits by claiming the injury is not as severe as the employee claims. An employer may even question an employee’s claim if they wait weeks or months to inform them of an injury.
Even seemingly minor injuries can cause mobility impairments and require medical treatment. In all cases, it is best to report a work-related injury immediately to maximize your chances of getting coverage if you need it.
In this post by Alvine Law Firm, you will learn the importance of immediate reporting and the negative impacts you may experience if you delay.
Why Immediate Reporting is Crucial
Reporting your injury as soon as possible can:
- Preserve Evidence: Timely reporting helps document the incident and preserve vital evidence such as witness accounts and the scene of the accident. This evidence may not be accurate or submissible in court at a later date.
- Ensure Proper Medical Treatment: Discuss the importance of prompt medical attention to prevent complications and ensure a full recovery.
- Protect Your Rights: Explain that delayed reporting can make it harder to prove the injury was work-related and may affect eligibility for workers’ compensation benefits.
- Meet Legal Requirements: Mention any specific deadlines for reporting injuries under South Dakota law or company policy.
Employees must provide a written report of their workplace injury to their employer within three business days or risk being barred from workers’ compensation. The South Dakota Department of Labor and Regulations explains that employees have this three-day window to inform their employers, and the employer’s insurance agency has 20 days from the receipt of injury to complete its investigation.
An employer must file a report with their insurance carrier within seven business days (SDCL 62-6-2). Any employer who fails to do so is guilty of a class 2 misdemeanor.
Your Employer’s Responsibilities
Employers are responsible for providing a safe workplace environment for all employees. They have the legal duty to ensure that equipment is maintained and safety protocols are properly followed according to the Occupational Safety and Health Administration (OSHA).
An employer in South Dakota is not legally required to have workers’ compensation insurance, but many do carry it to avoid civil liability for employees’ injuries. If your employer does not have workers’ compensation coverage, then you can take legal action against them in a personal injury case.
Employers who fail to maintain a safe work environment through maintenance, training or safety compliance can face legal penalties as well. Having workers’ compensation does not bar the employer from being held accountable if they have violated the law.
How to Report a Workplace Injury
An injured employee can provide a written document to their supervisor or HR department within three days of the injury. They are legally required to provide notification immediately or soon after (SDCL 62-7-10). If they are critically injured, then the family can do this on their behalf, or they can hire an attorney to do it for them.
The employer is also responsible for maintaining a written record of all workplace injuries for up to four years (SDCL 62-6-1).
In your injury report, include the date and approximate time of the injury, where it took place, the nature of the injury, and any witnesses who can corroborate your claim. You can also submit medical records and incident reports to your employer for them to substantiate your claim to their insurance carrier.
Your employer must submit a First Report of Injury (Form 101) and Monthly Payment Reports (Form 107) to their insurance carrier within seven days of receiving your report. Even if the employer has not received written notice from the employee within three days from the incident, they are still required to submit Form 101 within seven days from learning about the injury.
What if My Employer Discourages Reporting?
While employers should always act in the best interest of their employees, some may discourage injury reporting to avoid higher insurance premiums or scrutiny. Some may even offer you personal cash compensation in lieu of workers’ compensation. This practice is both illegal and unethical, and you should refuse to accept any direct payment from your employer for your injury.
Document every exchange you have with your employer regarding your injury, and contact an attorney as well as the OSHA to report their behavior. A workers’ compensation attorney in South Dakota can notify the employer on your behalf that they are legally obligated to follow state rules relating to injury reporting and work-related injuries.
If the employer is non-compliant, an attorney can also help you take legal action against them.
Seeking Legal Advice
Legal counsel can be invaluable for an employee who faces challenges in their workers’ compensation claim. For example, if you missed the three-day notification deadline or your employer is not cooperating, a lawyer can work with you to fight for your rights and any compensation you are owed.
An attorney can help you navigate the workers’ compensation system, represent you in hearings if needed, and negotiate with insurance companies on your behalf. They can also help protect you from being wrongfully denied coverage by your employer or their insurance company.
Conclusion
The best course of action is to report all workplace injuries immediately. If you fail to miss the three-day reporting deadline in South Dakota, you could lose your right to claim workers’ compensation.
Contact a workers’ compensation attorney at Alvine Law Firm in Sioux Falls, SD, for a free consultation. Our team helps employees protect their rights and receive the benefits they need for peace of mind.
Request your free consultation online or call our office at 605-275-0808.
Free Resources
- South Dakota Laws on Occupational Disease and Disability
- South Dakota Department of Regulations — Employee’s Guide to Workers’ Compensation
- Occupational Safety and Health Administration: Worker Rights and Protections
Sources
- Workers’ Compensation – Employee Rights and Responsibilities – South Dakota Department of Labor and Regulations
- Workers’ Compensation – Employer Rights and Responsibilities – South Dakota Department of Labor and Regulations
- Codified Law 62-6 | South Dakota Legislature
- Codified Law 62-7-10 | South Dakota Legislature