You went back to work. The infection was already spreading.
“i had surgery after getting hurt at work in brookings and the hospital missed the infection until it turned systemic did i screw up by going back and not filing right away”
— Melissa K.
A Brookings janitor can still have a workers' comp claim for the original injury and the bad surgical aftermath, and the hospital mistake may be a separate case entirely.
The short answer: no, going back to work does not automatically kill your claim.
If you're a janitor in Brookings and you got hurt cleaning a commercial building, had surgery, and the hospital missed an infection until it went systemic, you may be dealing with two different legal problems at once. That's where people get burned.
One is the work injury.
The other is the medical screwup after it.
The infection usually gets pulled into the work claim
If the original injury happened on the job - slipping on a wet lobby floor, wrenching your back hauling trash, falling off a short ladder changing ceiling tiles - South Dakota workers' comp generally covers treatment that flows from that injury.
That includes complications from surgery tied to the work injury.
So if you had surgery because of the job injury, and then the incision got infected, and that infection wasn't caught until you were septic or dealing with a bloodstream infection, that usually does not become "your problem" just because the hospital dropped the ball. It stays connected to the original claim.
That matters for wage loss, medical bills, and whether the insurer tries to cut you off because you "returned to work."
Going back to work for a few shifts in a Brookings office building or retail property does not prove you were fine. Plenty of people in South Dakota try to tough it out because missing a paycheck isn't realistic. Then the fever hits, the redness spreads, the drainage gets worse, and suddenly they're in Sioux Falls getting real treatment.
That timeline is ugly, but it's common.
The hospital mistake may be a separate case
Here's what most people don't realize: a missed post-op infection can also be a medical negligence claim against the hospital, clinic, or surgical provider.
That is separate from workers' comp.
Workers' comp usually blocks lawsuits against your employer for the work injury itself. It does not automatically protect a hospital or surgeon who failed to recognize clear infection signs after surgery. If staff ignored fever, swelling, foul drainage, abnormal labs, or repeated complaints until the infection went systemic, that's a different lane.
In Brookings, that can mean your records from the local hospital, urgent care, follow-up clinic, and any transfer to a bigger system in Sioux Falls all matter. So do discharge instructions, portal messages, prescription records, and the exact dates you called in saying something was wrong.
If you're worried you "waited too long" because you trusted the discharge papers, that by itself is not the fatal mistake employers and insurers want you to think it is.
Your employer's retaliation reputation matters more than people admit
If the building owner, maintenance contractor, or cleaning company has a reputation for punishing workers who file claims, assume they'll do it quietly.
Not with some dramatic speech.
With schedule cuts. Write-ups. "Performance concerns." Suddenly you're getting the worst shifts. Suddenly there's a complaint about your attitude. Suddenly the mop closet inventory problem is your fault.
Start locking down proof now:
- save texts, emails, schedules, write-ups, and pay stubs
- write down when you reported the injury, who you told, and when symptoms got worse
- keep every discharge paper, follow-up note, antibiotic record, and work restriction
- note any comments about "not making this a comp claim" or "using your own insurance"
South Dakota is an at-will employment state, and employers know that scares people. They count on you thinking they can fire you for anything and you'll never prove why. But retaliation patterns are built from documents, timing, and witness accounts, not from one smoking-gun confession.
In Brookings, the local details matter
Brookings workers don't have the luxury of pretending health care and work are separate worlds. If you clean offices near Main Avenue, a school building by SDSU, or a commercial site off 6th Street, everybody knows everybody. Supervisors know clinic staff. HR knows who talks. That makes people hesitate.
It also means records get created fast.
If you missed work during a late-winter storm, if you drove in from Volga or Aurora through freezing fog, if you pushed through a shift because the building had to open no matter what, all of that gives context to why you delayed treatment or returned too soon. South Dakota employers love to say workers were "doing fine" because they showed up. Showing up in this state proves almost nothing except that people need the paycheck.
And if the infection became systemic, this is not a minor follow-up issue anymore. Once you're talking about sepsis, hospitalization, IV antibiotics, wound revision, or long-term complications, the insurer's cheap version of the story falls apart fast.
Janet Stensland
on 2026-03-21
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
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