All employers are responsible for ensuring a safe environment for their staff. However, accidents arise in the workplace all the time. When they do, injured workers have legal rights to compensation benefits to cover loss of wages and medical bills. Workers' Compensation South Dakota lawyers are legal professionals who can help navigate these compensation claims. If you have been injured at work and want to know more, keep reading to learn about choosing a Workers' Compensation South Dakota law attorney and what to expect.
What Is a South Dakota Workers' Compensation Lawyer?
Accidents happen in the workplace frequently, even with rigorous health and safety measures in place. In your Workers' Compensation, all workers can legally claim compensation if they do have an accident or injury while working. This is to help compensate for any time off work resulting from the injury and to cover the cost of medical bills. A South Dakota Workers' Compensation lawyer is a legal professional specializing in the Workers' Compensation Act. This is the legal framework surrounding these compensation claims. These lawyers help form settlements for workers who are struggling to get the compensation they deserve from their employer.
What Does a South Dakota Workers' Compensation Law Attorney Do?
Put simply, South Dakota Workers' Compensation law attorneys go after employers on behalf of victims injured in the workplace to seek the benefits legally owed. In pursuit of this, they always start by contacting medical staff and insurance companies to see what you could be entitled to. From this, they’ll decide what form of compensation to request, be that a payout to cover medical bills, lost wages, mental anguish, or a combination of all three.
South Dakota Workers' Compensation lawyers will then try to reach amicable settlements with the employer directly first. This will bypass the cases having to go to court. However, in cases where a settlement cannot be reached, a judge will hear the case. Your lawyer will represent you in court and handle all the legal paperwork for your claim. They will then present your case at the hearing and gather all evidence required to help fight for your claim.
When to Hire a Workers' Compensation Lawyer in South Dakota?
Anyone injured in the workplace should consider hiring a law firm specializing in Workers' Compensation law. Even if there are no grounds for a claim, it is good to obtain legal advice to be sure. If you have had to pay expensive medical bills or have had a substantial length of absence due to the injury, contacting Workers' Compensation attorneys in South Dakota is even more important. They can help you pursue your claim against your employer and ensure you get the benefits you deserve.
How Do I Choose a Workers' Compensation Attorney in South Dakota?
Not all South Dakota Workers' Compensation lawyers are on par. For the best chance of winning your claim, you want to appoint a top attorney. Therefore, compare several Workers' Compensation attorneys in South Dakota before choosing one for representation. Below are just some considerations you should take into account when comparing law firms:
Experience: There is usually a correlation between a law firm’s experience and its success rates. Always choose an established Workers' Compensation attorney with as much experience as possible. This way, there is little they haven’t seen before. With their wealth of knowledge, your lawyer probably can win your claim easily.
Knowledge: Always appoint a law firm that has Workers' Compensation lawyers specializing in the Workers' Compensation Act and other related chapters of state law. If possible, choose a lawyer that has first-hand experience of similar accidents to yours as well. Having dealt with similar cases before, they will already be well-versed in the laws surrounding it.
Reliability: People have their preferred methods of communication. Do you prefer to telephone or email? Check that your attorney uses this and is happy to work this way. Moreover, check their policies on response rates. You want to hear from your attorney whenever you need to.
How Much Does the Average South Dakota Workers' Compensation Lawyer Cost?
The cost of the average South Dakota Workers' Compensation lawyer varies depending on what South Dakota you live in. With that being said, most Workers’ Compensation lawyers in the U.S. use contingency fees. This means they will receive a percentage of the settlement amount if your claim is successful. An attorney will typically receive around 15 percent to 25 percent of the final settlement. This is a huge perk; it means anyone can appoint a South Dakota lawyer for free and only pay if and when their claim wins.
Do Workers' Compensation Attorneys in South Dakota Usually Charge for Consultations?
Almost all Workers' Compensation attorneys in South Dakota offer their clients a free consultation. In some U.S. states, it is a legal requirement to do so. It is believed that all workers, regardless of their income and wealth, should receive compensation for an accidental injury. Free consultations and a contingency fee setup make this possible.
Frequently Asked Questions
How long does a South Dakota case last?
The length of a South Dakota case can vary. If your employer agrees on a settlement without the case going to court, the process can be over pretty quickly. Yet, where a hearing with a judge is necessary, cases take upwards of 18 months to resolve.
What is the average settlement for South Dakota?
The average settlement is around $20,000. However, this varies greatly, depending on the severity of the injury and how this affects loss of wages, medical bills, and mental anguish. Payouts typically range from $2,000 to $40,000.
Can you claim compensation for an accident that was your fault?
If you live in a fault state, you can only claim compensation for accidents that are not your fault. However, the majority of U.S. states are no-fault states. In these states, you can still claim injuries even if you are responsible for them happening.