I received a 2% impairment on each knee after nearly 2 years of falling at work. I did not miss work except for Dr appts. WC paid for both surgeries and all appts. I am receiving a monetary settlement. How is this calculated in South Dakota?
I received a 2% impairment on each knee after nearly 2 years of falling at work. I did not miss work except for Dr appts. WC paid for both surgeries and all appts. I am receiving a monetary settlement. How is this calculated in South Dakota?
You should receive a total of 4% of the allowed max of 312 weeks, which is about 13 weeks of benefits at your TTD rate.
For permanent disfigurement, or permanent disability resulting from injury to any part of the body not hereinbefore listed, compensation for that portion of three hundred twelve weeks which is represented by the percentage that such permanent partial disability or permanent disfigurement bears to the body as a whole.
http://sdlegislature.gov/Statutes/Co...Statute=62-4-6
Read 62-4-5. - 62-4-6. and 62-4-7. in the below link.
62-4-5.
the employee shall receive compensation, subject to the limitations as to maximum amounts fixed in § 62-4-3, equal to one-half of the difference between the average amount which the employee earned before the accident, and the average amount which the employee is earning or is able to earn in some suitable employment or business after the accident. If the employee has not received a bona fide job offer that the employee is physically capable of performing, compensation shall be at the rate provided by § 62-4-3. However, in no event may the total calculation be less than the amount the claimant was receiving for temporary total disability, unless the claimant refuses suitable employment.
http://dlr.sd.gov/workers_compensati...guide_book.pdf
Tony
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.
What is the min and max weekly benefit for SD? I couldnt find that info
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.
South Dakota but i found it, thank you.
I do have another question. I saw on another thread that you thought a 10% rating on shoulders was low. I received a 2 on each of my knees. I have chronic pain that requires cortisone injections. I cannot get on my knees to do anything, it is painful when stooping, stairs are painful and difficult etc. The Dr who did the rating is not the one who did surgeries. I told him all these things during appt which took all of 10 min. Does this sound like a fair rating?
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