Understanding Your Options to Recover Lost Wages in South Dakota

Detailed Answer

In South Dakota, accident-related injuries can interrupt your ability to work. You have several paths to recover lost wages. Each option has its own rules, deadlines and benefit levels. Carefully review each to decide the best route for your situation.

1. Personal Injury Lawsuit

If a negligent party caused your injuries, you can file a personal injury claim to recover past and future lost wages as economic damages. You must file your lawsuit within three years of the accident under SDCL § 15-2-14. To support your claim, gather pay stubs, tax returns and employer statements. Document your pre-injury salary and any projected future earnings you lose due to disability.

2. Workers’ Compensation

In South Dakota, on-the-job injuries fall under workers’ compensation law. You can file a claim with the Division of Insurance to receive temporary total disability benefits. These benefits generally pay two-thirds of your average weekly wage. See SDCL § 62-4-1 for details on eligibility and benefit rates. Report your injury to your employer immediately and complete any required medical exams.

3. Uninsured or Underinsured Motorist Coverage

If a motorist without sufficient liability coverage injures you, your own auto policy may fill the gap. South Dakota law allows drivers to purchase uninsured/underinsured motorist (UM/UIM) coverage under SDCL Title 32, Chapter 38. UM/UIM coverage can pay for lost wages up to your policy limit when the at-fault driver’s insurance falls short.

4. Disability Insurance

Many employers offer short-term or long-term disability plans. Private disability policies can supplement or replace your lost income based on your policy’s percentage of salary. Review your benefits handbook and file a claim as soon as your medical provider confirms your inability to work.

5. Federal Social Security Disability Insurance (SSDI)

If your injuries cause a lasting disability, you may qualify for SSDI benefits through the Social Security Administration. SSDI requires you to meet work history and medical criteria. The application process can take several months, so apply early if you expect long-term disability.

Helpful Hints

• Keep detailed wage records: pay stubs, time sheets and employer letters.
• Track all medical treatment and rehabilitation documents.
• Notify your insurer and the at-fault party’s insurer promptly.
• Consult an attorney before settling any claim to protect your rights.
• Mark your calendar for statute of limitations deadlines.
• Consider your future earning capacity when valuing your claim.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult an attorney about your specific case.