South Dakota Injuries

FAQ Glossary Resources Team

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Search results for “reporting deadline”

20 results

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...

duty of loyalty

What trips people up most is that loyalty here does not mean personal friendship or blind support. It means a legal obligation to put the company's, partnership's, client's, or...

business dissolution

Money, unpaid wages, insurance coverage, and who can still be sued often turn on whether a company has been shut down properly or only stopped operating in practice. When a...

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...

force majeure clause

People often mix up a force majeure clause with an act of God. An act of God is the event itself - a blizzard, flood, wildfire, or other natural event outside human control. A...

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

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

duty of care in business

Miss this idea, and a routine mistake can turn into a lawsuit, a denied insurance position, or a serious injury claim that costs far more than anyone expected. In plain terms,...

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

A legal duty to act loyally, honestly, and in another person's best interests. "Duty" means more than being nice or careful. It is an enforceable obligation. "Fiduciary" means...

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...

arbitration clause

Like agreeing ahead of time that if a dispute blows up, you will take it to a private referee instead of a public courthouse, an arbitration clause is a contract provision that...

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

TNC insurance gap

A TNC insurance gap is the period when a rideshare or delivery driver may not have full insurance coverage. Each part of that matters. "TNC" means a transportation network...

articles of incorporation

Insurance companies and defense lawyers sometimes bring this up to make a company sound separate, formal, and hard to reach. In an injury case, they may point to the paperwork...

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

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...

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