Disclaimer: This article is for educational purposes only and does not constitute legal advice. For specific guidance, consult a qualified attorney.
Detailed Answer
When you suffer a workplace injury in South Dakota, you have the right to file a workers’ compensation claim. To confirm that your employer submitted your claim, follow these steps:
1. Check with Your Employer or Insurance Carrier
South Dakota law requires employers to file a First Report of Injury within 10 days of receiving written notice of an injury (SDCL § 62-4-39). For example, if you twisted your ankle on March 15 and emailed your supervisor on March 16, ask your human resources department or the workers’ comp insurer to provide the filed report or claim number.
2. Review Your Medical Billing Statements
If your workers’ comp claim is active, your medical provider will bill the employer’s workers’ compensation insurer rather than your private health plan. Look for the insurer’s name, claim number, or a note indicating “workers’ compensation” on your statements.
3. Contact the South Dakota Division of Labor and Regulation
The Division’s Workers’ Compensation Program maintains records of all filed claims. You can call (605) 773-3681 or email workerscomp@state.sd.us. Provide your name, date of injury, and employer to request confirmation that a claim exists and see its current status.
4. Use the Online Public Records System
South Dakota offers an online search tool for public records. Visit the Workers’ Compensation section at dlr.sd.gov/workers_comp and search by claimant name or employer. The system may display claim numbers and filing dates.
5. File a Claim if One Has Not Been Submitted
If you discover that no claim exists, you must give your employer written notice of the injury within 30 days under SDCL § 62-7-1. After you submit notice, follow up to ensure your employer files the First Report of Injury promptly.
Helpful Hints
- Keep all notices and correspondence in writing. Date each communication.
- Follow up within 10 business days if you don’t receive a copy of the First Report of Injury.
- Retain medical bills and explanation-of-benefits statements for your records.
- Note the name and contact information of any claims adjuster you speak with.
- If your employer delays, consider filing directly with the Division of Labor and Regulation.