Nov, 2017

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posted in Wilka, Welter & Ash LLP Law Blog.

What a Job-Related Injury Means

As the days go by, physical labor can take its toll on the body of an employee. At times, the results of these injuries are able to keep the employee out of work for a period of time. Hurt employees may love their job and not want to leave work, even if they are physically incapable of performing their duties. Because of this, many people fail to report injuries to management in fear of losing their employment or being judged.

The reality is, people will get hurt at work. There is nothing to be embarrassed about. If one is injured, it is important to remember there are others who are able to help them through, and that includes an employer. Contacting a workers compensation attorney in Sioux Falls immediately after an injury can help relieve some of the anxiety that comes along with physical pain caused during working hours.

The First Steps

The first thing a hurt party needs to do is recognize the injury. While this seems obvious, a back strain may seem minor at first, until the person realizes it affects their movement and work. In South Dakota, a person must file the claim within three days of an injury occurring. This means if one is hurt one day, and realize later in the day or the next morning they are still able to notify management of the incident. This process can be long but is a critical step if the injury worsens or the employee needs to be out of work for a period of time.

What Next

Once the injured realizes they will be out of work, they will want to check into local workers comp laws. The easiest way to do this is by finding representation with a history of positive claim outcomes. The lawyer will be able to go over all of the paperwork required by the employer and review the process. The party will then be informed of what rights they have, what fees will be involved, and what amount will be given to the person while they are out of work. The lawyer should suggest a doctor’s recommendation so the person will know how long to expect to be out of work.


While it is easy to have an upfront idea of how proceedings will go, as well as healing after, things may change along the way. A doctor may find the injured is healing faster or slower than expected. This can change the date when the person will be able to return to employment. A doctor may also find the person is no longer able to do the work. If this happens, the person may want to look into filing a claim for disability.