South Dakota's liability rules have not gotten friendlier lately: the state still uses the slight/gross comparative fault rule, which can sink a weak road-crash lawsuit fast. So after a work crash near Pierre, the smart move is usually workers' comp first, and a third-party claim too if someone outside your employer caused it.

Picture this: a hospital worker from Avera is sent across town during spring flooding, roads near the Missouri River are slick, and a flatbed truck hydroplanes on US-83 and slams into the company vehicle. That worker should report the injury to the employer immediately, get medical care, and open a workers' compensation claim.

At the same time, because the flatbed driver is not the employer or a co-worker, there may also be a third-party injury claim against the truck driver, trucking company, or another outside company that created the danger.

Here's the rule to use:

• If your employer or co-worker caused the crash while you were working, workers' comp is usually your only path against the employer. That is the exclusive remedy defense.
• If an outside driver, contractor, parts maker, or road company helped cause it, you can often run both claims at once.
• Workers' comp covers medical treatment and wage-loss benefits.
• A third-party lawsuit can seek money workers' comp does not, like pain and suffering.

For South Dakota, the practical deadlines are simple: report the work injury to your employer right away; get the crash documented by Pierre Police Department or the South Dakota Highway Patrol; and remember most injury lawsuits have a 3-year deadline.

If you are undocumented, the practical point is this: a workers' comp claim is about a job injury, not asking for immigration status approval. Do not stay quiet and let the paper trail disappear.