Recovering Lost Wages After an Accident in South Dakota

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When an injury from an accident prevents you from working, South Dakota law offers several paths to recover lost wages. Depending on the accident’s circumstances, you may pursue one or more of these options.

1. Workers’ Compensation

If your injury occurred at work or in the course of employment, you likely qualify for workers’ compensation benefits. Under South Dakota Codified Laws § 62-4-1, employers must carry insurance that covers medical expenses and wage replacement. You may receive up to two-thirds of your average weekly wage, subject to statutory maximums. For more details, see SDCL § 62-4-1.

2. Personal Injury Claim

If a third party caused your accident—such as a negligent driver or property owner—you can file a personal injury lawsuit. Lost wages form part of “economic damages” under SDCL § 21-1-1. You can recover past and future wage losses, provided you document your earnings and medical restrictions.

3. Uninsured and Underinsured Motorist Coverage

South Dakota law (§ 32-35-241) allows you to tap your own auto insurance policy if the at-fault driver lacks sufficient coverage. This coverage often includes lost wage benefits. See SDCL § 32-35-241.

4. Disability Benefits

Short-term and long-term disability policies—purchased privately or through an employer—can replace a portion of your wages while you recover. Terms vary by plan, so review your policy or contact your HR department for filing procedures.

5. Social Security Disability Insurance (SSDI)

If your injury leads to a long-term disability, you may apply for SSDI through the Social Security Administration. You must show that your condition prevents you from performing substantial gainful activity for at least 12 months.

Helpful Hints

• Keep detailed records of all lost workdays and income statements.
• Gather medical reports that explain your work restrictions.
• Notify your employer and insurance companies promptly.
• Meet all filing deadlines for workers’ comp, insurance claims, or lawsuits.
• Consult a personal injury or workers’ compensation attorney when needed.
• Consider mediation or settlement negotiations to resolve disputes efficiently.
• Stay informed about changes in South Dakota statutes.

This content is for educational purposes only and does not constitute legal advice.