Construction work carries significant occupational hazards, but that doesn’t mean you don’t have a right to seek compensation after a work-related injury. The team at Alvine Law Firm in Sioux Falls, SD, are here to help you understand your legal rights and options to seek restitution for your personal injury
Workers who are injured or fall ill due to their job may be eligible to collect financial restitution to cover the cost of lost wages, medical expenses and emotional suffering. Workers’ compensation in South Dakota can cover medical expenses, but it may not offer the level of coverage you need to feel secure.
If someone other than the employer is responsible for your injury, then you may be able to reach a settlement by filing a personal injury claim. It’s important to act fast, however, since there is a two-year statute of limitations on seeking compensation for a personal injury in South Dakota.
With the help of an experienced personal injury attorney, you can receive the compensation you’re legally entitled to. Read on to learn more about your rights after a construction injury, and contact Alvine Law Firm in Sioux Falls, SD, to schedule a free consultation to discuss your case.
Overview of Construction Accidents and Injuries in South Dakota
Construction has the second-highest workplace fatal injury rate in South Dakota, according to data from the Bureau of Labor Statistics. Of all the victims, 89% were men, and 41% were over the age of 55.
In 2022, there were 27 fatal workplace injuries in the state. Annually, 9.4 out of every 100,000 construction workers die from a fatal injury. Thousands more lose hours or suffer from temporary or permanent disability due to their injuries on the job.
The Bureau of Labor Statistics has reported that an estimated 150,000 injuries occur in the construction industry each year. However, that number could be much higher due to errors in record-keeping and self-reporting.
According to the The Occupational Safety and Health Administration (OSHA), 197,000 nonfatal construction injuries occurred in 2019.
Falls are the most common types of construction injuries, followed by electrocutions and struck-by accidents. Malfunctioning equipment is among the top cause of injuries, along with trench collapses, inadequate scaffolding, trip hazards and lack of supervision and poor site monitoring.
Three are many injuries someone can sustain from a construction site, including, but not limited to:
- Traumatic brain injury (TBI)
- Concussion
- Broken or fractured bones
- Burns
- Sprains or strains
- Hearing loss
- Post-traumatic stress disorder (PTSD)
- Toxic illness from chemical exposure
If you have sustained an injury or illness due to occupational hazards, consider speaking with a personal injury attorney in South Dakota who can review your case.
Workers’ Compensation in South Dakota
South Dakota does not mandate employers to carry workers’ compensation insurance, which means you may or may not be able to seek compensation through it after an injury.
Most employers carry workers’ compensation in South Dakota to avoid liability for workplace injuries. However, the employee has specific obligations when it comes to filing a claim and receiving coverage.
In order to qualify, the employer must report the injury to their employer within three (3) business days. Failure to do so could result in loss of eligibility. Your employer has up to seven calendar days from the time of notification to notify their insurance carrier.
Under SD Codified Law 62-6.1, employers are legally required to document all reported workplace injuries on a form from the Department of Labor and Regulation. Failure to do so is a class 2 misdemeanor.
If your employer has not taken appropriate action to report your injury to their insurance carrier, you can contact a workers’ comp lawyer at our firm to explore your options.
Bear in mind that workers’ compensation is not waived if your employer rendered first aid or called an ambulance. They are legally required to do so. Instead, workers’ compensation is a more extensive type of coverage that includes lost wages, medical expenses, vocational rehabilitation and disability benefits.
Third-Party Liability Claims
Any injury not eligible for coverage under workers’ compensation is potentially eligible to be pursued as a personal injury case in South Dakota. For example, property owners, general contractors, subcontractors, and even equipment manufacturers could be held responsible if they are at fault for a work-related injury.
There are numerous types of damages you can pursue due to your injury, including:
- Pain and suffering
- Loss of enjoyment of life
- Rehabilitation/treatment costs
- Lost earning capability
- Lost wages due to injury-related leave
Economic and non-economic damages (such as emotional suffering) all have legal rights in the state of South Dakota. You are not forced to suffer in silence or give up on living a fulfilling life.
With the help of a qualified attorney, you can work toward holding negligent parties accountable and receiving financial restitution to make your life easier.
What Types of Accidents Can a Lawyer Help With?
There are many construction accidents you may sustain on the job, and a personal injury lawyer is able to help you regardless of what happened. The only time they cannot help is if you are the one responsible for the injury, e.g. you were operating machinery under the influence.
However, for the majority of cases, all work-related injuries are eligible for some form of compensation, including:
- Falls
- Electrocutions
- Burns
- Trench collapse injuries
- Defective equipment injuries
Do not leave yourself in the dark; your first consultation with Alvine Law Firm is free, so you can discuss your unique case with a lawyer to find out what options you have available.
The Role of a Construction Injury Attorney
An attorney is there to help offer guidance and serve as an advocate during the litigation process. Whether you are taking action against an employer or third-party, your attorney will offer counsel and help handle the complex documentation and court proceedings related to your case.
In some cases, they can help you reach a settlement outside of court, sparing you the added stress of appearing before a judge and jury.
Our team has recovered millions of dollars in personal injury cases. Let’s find out how we could help you. Contact us today at Alvine Law Firm to schedule your free consultation with a personal injury attorney in Sioux Falls, SD.
Sources
1. Fatal Work Injuries in South Dakota – 2022 – Bureau of Labor Statistics
2. How Many Construction Workers Are Injured Each Year? – OSHA Online Center