Detailed Answer
When filing a lost wage claim in South Dakota, you must list the employer’s exact legal name as registered with the Secretary of State. Filing under a “doing business as” (d/b/a) name alone can lead to service issues, delays, or dismissal of your claim. Here are key steps:
1. Identify the Employer’s Legal Entity
- Visit the South Dakota Secretary of State Business Search: https://sosenterprise.sd.gov/BusinessServices/BusinessSearch. Search by the d/b/a to find the registered legal name.
- Check your pay stub, W-2, or employment contract. The legal entity often appears on HR documents and tax forms.
2. Use the Exact Legal Name in Your Claim
In your complaint or claim form, list the defendant as: [Legal Name of Employer], doing business as [d/b/a Name]. For example, “ABC Printing, Inc., d/b/a PrintFast.” This ensures the court and insurer identify the correct party.
3. Correcting Naming Errors
If you already filed and later discover an error in the employer’s name, file an amendment under South Dakota Civil Procedure Rule 15 (SDCL 15-6-15). Rule 15 allows you to amend pleadings to correct party names and will relate back to the original filing date if the opposing party received notice of the action.
4. Understand Assumed Names (“d/b/a”) Filing Requirements
South Dakota law requires sole proprietors and partnerships operating under an assumed name to file with the Secretary of State (SDCL 37-29-1). This filing creates a public record of the connection between the d/b/a and the legal entity.
5. Lost Wage Benefits Overview
Under the South Dakota Workers’ Compensation Act, employees may recover lost wage benefits for work-related injuries (SDCL 62-4-3). While naming the employer correctly does not directly affect benefit eligibility, misidentifying the defendant can delay your claim’s processing.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Always consult a qualified attorney for advice regarding your specific situation.
Helpful Hints
- Always verify the legal entity via Secretary of State records.
- Include both the legal name and d/b/a in your claim’s caption.
- If in doubt, consult HR or request the employer’s EIN documentation for precise entity details.
- Keep copies of all filings and correspondence for your records.
- Act promptly to amend any naming errors to avoid case delays.