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THE CHALLENGE

South Dakota has Strict Procedural Requirements for Worker’s Compensation

South Dakota’s worker’s compensation laws have stringent requirements. You must disclose your workplace injury to your employer within 3 business days of your injury. In addition, once you choose a medical provider, your doctor must send your records to your employer within 12 business days. Once you choose a medical provider, you are not permitted to change it again without the permission of your employer. Failure to comply with these provisions can make it difficult to get the compensation you deserve.
OUR SOLUTION

Step by step guidance through the procedural requirements

At Gehrke Law, Aaron will personally review your claim and let you know the strengths and weaknesses of your case. You will need to be prepared to tell Aaron the date your injury occurred, whether you were  temporarily unemployed or put on light duty after your injury, whether you are no longer able to work after your injury, and medical records indicating that your injury arose during the course of employment. 
worker’s compensation SERVICES

Areas we handle

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Temporary Partial Disability

Disability you sustained after your workplace injury that put you on light duty with your current employer. 
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Temporary Total Disability

Disability you sustained after your workplace injury that prevented you from returning to work or light duty, but is not so severe that you could never return to work again.
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Permanent Partial Disability

Disability you sustained after your workplace injury that prohibits you from returning to work in your usual field of employment.
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Permanent Disability

Disability that you have sustained after your workplace injury that prohibits you from returning to work.  
HOW IT WORKS
What working with Gehrke Law looks like
  • 1. Initial Consultation
    Tell Aaron about your situation and get an honest read on your options.
  • 2. Strategy
    Together you set goals and build a clear plan for your case.
  • 3. Representation
    Aaron handles filings, negotiation, and court, keeping you informed throughout.
  • 4. Resolution
    Move forward with a fair outcome and clarity on next steps.
COMMON QUESTIONS

Worker’s Compensation questions, answered

How much time do I have to report a work related injury?

In South Dakota you only have three days to inform your employer in writing that you suffered a work related injury. Failing to do so can make it harder for you to get compensation.

After my work related injury can I change my medical provider?

After a work related injury, the employee gets to choose the first medical provider. After the initial decision, the employee needs their employer’s permission to change medical providers.

If I become permanently disabled what benefits am I entitled to?

If an employee becomes permanently disabled for a work related injury the employee can receive worker’s compensation benefits for life. However, it must be shown through medical opinion that the employee is permanently disabled and that there is no suitable employment that they can perform.

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