South Dakota Accidents

FAQ Glossary Explore Team
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Is it even worth filing anything after an Aberdeen work errand crash while pregnant?

The one thing your employer is hoping you never find out: in South Dakota, workers' comp is not always your only lane. If you were hurt while working, your employer usually gets the exclusive remedy protection, which means you generally cannot sue the employer for negligence. But if a third party caused the crash - another driver, a street racer, a delivery truck, even a gas station owner with a dangerous lot - you may have two claims at once: workers' comp and a separate injury claim.

In the next 24 hours: report the injury to your employer in writing. South Dakota workers' comp notice should be given within 3 business days. Do not let anyone brush this off as "just go through your regular insurance."

Get checked now, and make sure the record says you are pregnant, what part of your body hurts, and whether you have cramping, bleeding, dizziness, abdominal pain, or reduced fetal movement. If symptoms feel severe, go to Avera St. Luke's in Aberdeen; if you need higher-level trauma care, Sanford USD Medical Center in Sioux Falls is the state's only Level II trauma center.

In the next week: figure out who caused the crash. If you were on a work errand and another car hit you on U.S. 12, U.S. 281, or near an Aberdeen gas station, workers' comp may cover medical care and wage loss, while a third-party claim can pursue pain and suffering, which workers' comp does not pay.

Save:

  • crash report number from Aberdeen Police or the South Dakota Highway Patrol
  • photos, witness names, dashcam, receipts, and every medical bill
  • proof you were on the clock or running a work task

In the next month: track whether workers' comp is paying promptly and whether someone is trying to blame everything on pregnancy or stress. Tax season makes people settle cheap because bills pile up. Don't do that blind. In South Dakota, a personal injury lawsuit usually has a 3-year deadline, but workers' comp fights move faster through the South Dakota Department of Labor and Regulation. The value question gets clearer once you know whether there is a real third-party defendant. If there is, the claim is often worth the hassle because that is where the bigger money usually sits.

by Pete Baumgartner on 2026-03-25

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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