Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for legal guidance.
Detailed Answer
In South Dakota, you can claim lost wages after an injury through either the workers’ compensation system (for on-the-job accidents) or a personal injury lawsuit (for third-party incidents). If you held multiple jobs, you must document income from each employer and follow the appropriate procedure based on your situation.
1. Distinguish Between Claim Types
Workers’ compensation covers injuries arising out of and in the course of employment. Third-party claims apply when someone else’s negligence causes your injury. Each process has its own rules, deadlines and benefit calculations.
2. Workers’ Compensation Claims
- Report the Injury: Notify each employer in writing within 30 days, per SDCL 62-7-1.
- Seek Authorized Treatment: Obtain care from a provider approved by the Department of Labor and Regulation.
- File a Claim: Submit a form to each employer’s insurer. Provide pre-injury wage records for all jobs.
- Calculate Average Weekly Wage (AWW): Combine wages from all covered employment over the 52 weeks before injury and divide by 52, per SDCL 62-4-14.
- Receive Benefits: Temporary total disability benefits equal two-thirds of your AWW, up to the maximum rate in SDCL 62-4-3. Insurers coordinate to issue a single weekly payment reflecting all jobs.
3. Personal Injury (Third-Party) Claims
- Collect Wage Documentation: Gather pay stubs, W-2s, contracts and employer statements for each job.
- Calculate Lost Income: Sum your gross earnings lost during recovery for all positions. For future losses, use a vocational expert.
- Demand Letter and Complaint: Include detailed wage calculations in your demand. File a lawsuit before the 3-year statute of limitations expires, per SDCL 15-2-14.
- Prove Loss: At trial, present testimony and records showing your work history and projected earnings.
- Settlement or Trial: Negotiate a settlement or proceed to trial to recover past and future wage losses.
Helpful Hints
- Keep thorough records of hours worked and wages earned for each job.
- Obtain written authorizations for insurers to access your employment records.
- Track medical appointments and work restrictions to support your wage-loss claim.
- Meet all deadlines: 30-day notice for workers’ comp, 3-year limit for personal injury.
- Consider mediation or alternative dispute resolution to resolve complex multi-employer claims.