Frequently Asked Questions
The following is Not legal advice, rather these are helpful tips to help you understand your situation. Seek the advice of an attorney before making any decisions or taking any actions regarding your case.
Go here for questions about Workers Comp
If I have been injured what should I do?
You should have a medical exam by a qualified physician, No matter how slight you think your injuries may be. The examination will help you get the medical assistance you need as soon as possible.
If I have been hurt who will pay for my treatment?
The person who caused the accident, or his or her insurance company, is responsible for paying for your treatment. Your Insurance Company can also be involved in paying your medical claims in some cases. That is why it is crucial to determine any medical problems caused by the accident as soon as possible.
Does the insurance company pick the doctor I have to see?
No. You may use your own doctor. No one can tell you what doctor or clinic you have to use.
What else should I do if I have been injured?
It is important to keep a daily log of your medical condition. Each day list any symtoms you have. Include descriptions of the pain you feel and any restrictions on your Normal activities. You also need to keep a record of your trips to see the doctor or anyone else he or she sends you to see. Keep track of the mileage and time it takes and any money you have to spend because of the trips.
What do I do if I have to take time off work?
Keep a record of the time you miss from work, including any sick time or vacation you use due to the accident or your injuries. Keep track of the amount of money you lose by Not being able to work. All this time you canNot work has to be paid for by the person who caused the accident.
What do I do with all the bills that come in after the accident?
Talk with your attorney about the bills. He or she can negotiate to have them paid by the insurance company directly or, in other cases, postponed until after your case has been resolved. Don't let the bills worry you.
Do I need a lawyer?
No matter what kind of accident you have been involved in, you should get a competent legal advice on your rights and responsibilities in relation to the accident.
Legal rights are affected by any accident and it is in your best interests to have a knowledgeable attorney review the facts of your case before deciding what course of action to take. An experienced Legal Firm can evaluate your case and tell you what to expect. The attorney can recommend apropriate medical referrals, negotiate a replacement automobile, negotiate to have your automobile repaired, and negotiate a fair and full settlement with the insurance company that takes into account all of your damages, including your pain and suffering.
And you can find out all this in an initial, No-cost, No-obligation consultation.
Can I get a rental car while my car is being repaired?
Yes. In most cases the attorney can negotiate with the Insurance Company to provide a rental car while your car is being repaired. Also there are companies specializing in providing cars to people whose cars are being repaired. Look for them in the Yellow Pages or ask your attorney.
Where do I have to take my car to get it repaired?
Do Not be bullied by the insurance company into thinking you have to have your car repaired by the shop giving the lowest bid. It is your decision who you want to repair your car.You are entitled to have your car repaired to the same condition it was in before the accident.
How many estimates do I have to get?
You are Not obligated to obtain more than one estimate. You might want to get more than one estimate if you are Not sure where you want to have your car repaired and you want to compare different shops.
What can I expect to get from the insurance company?
You are entitled to 'be made whole," which means your right to be put back in the same position after the settlement as you were immediately before the accident. Some of the process of making you whole is easily calculated and other aspects are more difficult.
You may contact Merkle Law Firm for answers to questions you may have or for help on your personal injury or wrongful death claims.
Direction for your Work Comp claim in South Dakota
- File a First Report of Injury immediately within three days from the injury. (Your employer has the First Report of Injury forms)
- Select your own physician, one whom you trust. If the Employer or workers compensation insurance company will Not agree to your selection of your own doctor, see Merkle Law Firm or a worker's compensation attorney right away. Also, the worker's compensation insurance company should pay your medical bills for any work related injury.
- Do not quit your job. You will need a doctor's order to change jobs and advice from an attorney before you can quit. Otherwise you may jeopardize your worker's compensation rights.
- Do not work more than your doctor allows. Stay within your work restrictions provided by your doctor. If your Employer tries to make you work outside those restrictions, contact Merkle Law Firm or a worker's compensation attorney right away.
- If you are off work for 7 or more consecutive days due to a work injury, the worker's compensation insurance company should pay you 2/3 of your weekly pay as temporary disability pay.
- When you have reached maximum medical improvement and your doctor releases you from his/her care, your doctor will give you an impairment rating, which is the medical percentage of permanent impairment you suffered from your work injury. The worker's compensation insurance company has to pay you permanent disability benefits based on that percentage of impairment.
- If your doctor tells you to change jobs and you cannot find a job that pays you at least 85% of the weekly pay you earned when you were injured, then you may be entitled to have the worker's compensation insurance company pay 2/3 of your weekly pay while you go to school and learn a trade or profession.
- If you cannot find work that pays you as much as your work comp rate because of your injuries, age, education and work experience, then the worker's compensation insurance company may have to pay you disability pay for the rest of your life.
You may contact Merkle Law Firm for answers to questions you may have or for help on your worker's compensation claims.