South Dakota Injuries

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Search results for “pre existing injury”

20 results

Preexisting Back Conditions in South Dakota Workers' Comp

A sore back on an old chart is not the same thing as a free pass for workers' comp to deny a new job injury that made it worse.

ARTICLE by Mary Crow Dog

The clinic says your elbow's fine, your doctor says it's wrecked, and Rapid City's insurer is using the gap against you

A delayed ER visit after a sidewalk fall in Rapid City does not automatically kill the claim, but it gives the insurer an opening to argue the shattered elbow came from something else.

ARTICLE by Janet Stensland

Hospital filed a lien after your Watertown trauma claim? Yeah, it can swallow the payout

A Watertown commuter with severe anxiety after witnessing a fatal workplace accident may have a real injury claim, but a hospital lien can rip through the money fast.

ARTICLE by Karen Olson

A Watertown rollover can wreck your neck and still turn into a blame ambush

A daycare worker with a cervical spine injury after a rollover can watch the payout get gutted fast if the insurer pins too much blame on her, and kids in the vehicle trigger a different set of rules.

ARTICLE by Karen Olson

You went back to work. The infection was already spreading.

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.

ARTICLE by Janet Stensland

My coworker said my bad knee means no claim after a recalled tire blowout?

If the ER doctor said the crash aggravated your knee, the insurance company will use that same record to argue it was all old damage. From the insurer's side, this is the play:...

Mitchell parking lot fall, clean MRI, fake "independent" doctor - and you're about ready to quit

When a Mitchell slip-and-fall claim gets kneecapped by an IME doctor even though the MRI shows real injury, Medicare and medical liens can turn the whole thing into a financial trap.

ARTICLE by Karen Olson

That broken fence behind a Rapid City rental can leave you chasing coverage

A Rapid City student bitten by a dog at a rental property may have a claim, but a policy exclusion can turn a straightforward case into a fight over which insurer, if any, has to pay.

ARTICLE by Derek Janis

I kept working around concrete dust on the night shift - did I just wreck my claim in Watertown?

A Watertown night-shift security guard with silicosis may still have a claim even if they stayed on the job, there were no witnesses, and the contractor is denying the dust exposure.

ARTICLE by Brenda Schoenfeld

What evidence do I need to prove an airbag caused my facial fracture?

The most important thing: VA treatment does not erase your South Dakota injury claim, but you must connect the airbag to the fracture with records the insurer cannot easily...

Can Aberdeen Walmart's insurer deny me because I'm undocumented after a shelf hit my head?

"Were you allowed to be there, and can you prove who you are?" That is the question the adjuster is about to ask, because your answer can shape whether they treat this as a...

My lawyer says I'm 40% at fault for a Sioux Falls head-on crash and that feels completely off

A Sioux Falls postal worker with a shattered femur after a head-on crash is being told he shares enough blame to gut the value of the case.

ARTICLE by Wayne Hustead

Late-Discovered Work Injuries and Reporting Deadlines

South Dakota workers usually need to give written notice of a job injury fast, and waiting because the pain got worse later can turn into a nasty fight over the claim.

ARTICLE by Mary Crow Dog

anticipatory breach

Miss this warning sign, and you can keep spending money, lining up work, or waiting on delivery while the other side has already made clear they will not perform. An...

Sioux Falls has kept you waiting for months while "comparative negligence" guts your fume injury claim

An office worker in Sioux Falls got lung damage from workplace fumes, and now the defense is trying to dump a huge share of the blame on him while he also worries about his VA benefits.

ARTICLE by Karen Olson

breach of contract

Insurance companies and defense lawyers may throw around this phrase to make a dispute sound technical, limited, or too late to fix. They may argue that a broken promise is...

In South Dakota, does waiting a day or two to get checked after a crash ruin my injury claim?

No. In South Dakota, delayed treatment does not automatically kill an injury claim. The myth is that if you did not go straight from the scene to an ER, the insurance company...

non-disclosure agreement

Insurance companies and defense lawyers love these because silence is cheap. After a crash, workplace injury, or business dispute, they may offer money fast if the injured...

What the insurance company does not want you to know is that PTSD is not the same thing as ordinary stress, and it is not the same diagnosis as acute stress disorder. Acute...

liquidated damages clause

People often confuse a liquidated damages clause with a penalty clause. The difference is basic but decisive: liquidated damages are a reasonable pre-set estimate of likely...