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How to Report a Work Related Injury

Reportingawork-relatedinjuryseemslikeitshouldbean easy process. It really is easy, but there are a few key things that must be done to ensure that the injury is reported properly.

In the unfortunate event that a work-related injury should occur, there are two very important South Dakota Workers’ Compensation Laws that apply: SDCL 62-7-10 requires,

“An employee…must notify the employer of the occurrence of the injury…no later than 3 business days after the occurrence.

Also, SDCL62-6-2 requires,

“An employer…who has knowledge of an injury that requires medical treatment other than minor first aid… shall file a written report with…the employer’s insurer

(SDML Work Comp Fund or claims administrator,

Claims Associates) …The report shall be filed within 7 calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury…The report shall be made on a form approved by the Department of Labor. Any employer who fails to file a report as required by this section…is subject to an administrative fine of $100… ”

When an employee reports a work-related injury, it is best to sit down with the injured worker and complete the SouthDakotaEmployer’sFirstReportofInjury.Thisform is available online at www.claimsassoc.com, www.sdmlwcfund.com, or the South Dakota Department of Labor website.

First, have the injured employee complete the Employee/Injury/Treatment section of the form. If the employee is incapacitated, you can complete the form on behalf of the employee. Be sure to include the date, time, location, and how the injury occurred. Also include to whom and when the injury was reported, including the supervisor’snameandphonenumber. AftertheEmployee section is complete this will fulfill the injured worker’s obligationtoprovidenoticetoyouwithin3businessdays of the incident.

Next, on the same First Report of Injury form you should complete the Employer/Employment Information section, which includes providing the employee’s status, such as Full-Time, Seasonal, or Volunteer, the employee’s hours, wagesandoccupation,etc.Inthissection,pleasewritein

the Class Code and Department that the injured employee works in (i.e. 5506 Street Department, 7720 Police Department, etc.). If you have questions about this part, be sure to call Insurance Benefits, Inc. for assistance.

When the First Report of Injury is complete, the SDML Work Comp Fund recommends having the employee sign a Medical Authorization. This may help to expedite the gathering of medical records and bills from the treating physician/facility. This form is also available at www.claimsassoc.com or www.sdmlwcfund.com. Fax, mail or E-mail both forms to Claims Associates within 7 calendar days of receiving notification of the incident, not including Sundays and holidays. For example, if an employee is injured on Friday May 28th, (the Friday before Memorial Day) and completes their section of the First Report of Injury, then you must complete the First Report of Injury and submit it to Claims Associates no later than Monday June 7th. You are required to keep a copyoftheFirstReportofInjuryonfileforatleast4years from the date of injury per SDCL62-6-1.

As the employer, please be aware that SDCL 62-4-43 allows the injured employee to make the initial selection of their medical practitioner. If the employee desires to change their choice of medical practitioner, the employee must obtain approval in writing from the SDML Work Comp Fund’s claims administrator, Claims Associates, Inc.

The employer’s claims representative may request the injured worker to attend appointments with another medical provider to obtain an independent medical examination (a second opinion).

A common question is what to do when an employee is injured, but does not seek medical treatment? Remember, SDCL62-6-2says“Anemployer…whohasknowledgeof an injury that requires medical treatment other than minor firstaid…shallfileawrittenreportwith…theemployer’s insurer. ”Iftheinjuryissomethinglikeapop,crack,strain or sprain, then the SDMLWork Comp Fund recommends submitting a First Report of Injury, especially if the

employee makes a point to talk to you about the incident. If no medical treatment is sought by the employee, simply check the “No Treatment” box on the First Report of Injury.Thisensuresthattheinjuryisproperlyreportedand documented in the event that the employee seeks medical treatment at a later date. This is also the perfect opportunitytocalltheNurseInjuryTriageHotlineat877899-9112. A nurse will triage the injury and assist the employeewithquestionsabouttheirinjury.ThisisaFREE service to our members.

Reporting an injury does not affect your experience modifier if there is no medical treatment, so there is no penaltyforreportinganincident.Ifyouneedassistanceor guidanceaboutreportingawork-relatedinjury,feelfreeto contact the Administrator for the SDML Workers’ Compensation Fund at 800-233-9073 or email info@sdmlwcfund.com.

Hereisasummaryonhowtoreportawork-relatedinjury. This information is also available on our website at www.sdmlwcfund.com.Thank you and be safe.

1. Have injured worker complete a First Report of

Injury and a Medical Authorization. Both forms are available at www.sdmlwcfund.com or www.claimsassoc.com.Thismustbedonewithin 3 business days of the incident. The sooner the better.

2. Have the employee call the Nurse Injury Triage

Hotline at 877-899-9112. Calls are answered M-

F between 8am-5pm CDT. If you call after hours please leave a message and a nurse will contact you on the next business day.

3. Within 7 calendar days of being notified, completetheEmployer/EmploymentInformation section of the First Report of Injury and E-mail,

Fax or Mail both forms to:

ClaimsAssociates, Inc. PO Box 1898 Sioux Falls, SD 57101-1898 Fax 605-333-9835 E-mail to: claims@claimsassoc.com

4. Keep a copy of the First Report of Injury on file for 4 years per SDCL62-6-1.

BradWilson,Administrator, CIC,AIC, SDWCS SDMLWorkers’Compensation Fund Telephone 800-233-9073 • Fax 605-275-6193 Email: brad@sdmlwcfund.com

Election Notice

HEALTH POOL OF SOUTH DAKOTA

Notice of Board of Trustees Election

Wednesday, October 6, 2021

Spearfish Holiday Inn Convention Center, Spearfish, SD

TheHealthPoolofSouthDakota(HPSD)Board of Trustees election will be held Wednesday, October 6, 2021, at the annual membership meetingduringtheSDMLAnnualConferencein Spearfish, SD

The HPSD Board of Trustees position up for election is currently held by:

• Chip Schroeder,Tripp County

Commissioner,Tripp County

If you are interested in a position on the HPSD Board ofTrustees, and are either an elected or appointed official of a HPSD Member, please send a letter of application by the deadline date of September 6, 2021 to:

Sandi Larson SDMLDirector of Risk Sharing Services 208 Island Drive Ft. Pierre, South Dakota 57532 Phone: 1-800-658-3633 E-mail: sandi@sdmunicipalleague.org

The position on the Board of Trustees is a five year term and begins on January 1, 2022.

Election Notice

The South Dakota Public Assurance Alliance

(SDPAA) Board of Directors election will be

held Wednesday, October 6, 2021, at the

SDPAA Annual Membership meeting during

the SDML Annual Conference in Spearfish,

SD.

The election shall be determined by a majority of those SDPAA Member entities present and voting with each Member entity having one vote. Election winners will be seated on the Board of Directors January

1, 2022. A copy of the Board of Directors Election Policy Resolution is available upon request.

If you are interested in a position on the SDPAA Board of Directors, you must meet the following qualifications:

Article V Paragraph 2 Qualifications of

Members of the Board.

Members of the

Board shall be either: a. Elected officials of an Alliance Member, or

b. Representatives, employees or appointed officials of an Alliance Member provided the governing Board of the Member in question has supported their appointment or candidacy by resolution.

SDPAA Board of Directors positions up for

election are currently

held by: • Mike

Wiese, Brown County Commissioner,

Aberdeen • Jim Borszich, Greater Huron Economic

Development Center, retired, Huron

• Bill O’Toole, Director of Human

Resources, Sioux Falls

Please send a letter of application and supporting Resolution,

if applicable, by the deadline date of August 31, 2021 to:

Lisa Nold, SDML Office Manager 208 Island Dr. Ft. Pierre, South Dakota 57532 Phone: 1-800-658-3633 Email: Lisa@sdmunicipalleague.org

All applications will be

forwarded to the SDPAA Nominating Committee.

Election Notice

SDML Workers’Compensation Fund

Notice of Board of Trustees Election

Wednesday, October 9, 2019

Ramkota Hotel and Conference Center, Aberdeen, SD

TheSDMLWorkers'CompensationFundBoard of Trustees election will be held Wednesday, October 6, 2021, at the Annual Membership meetingduringtheSDMLAnnualConferencein Spearfish, SD.

Two cityseatsare up forelection.The positions are currently held by:

• KarlAlberts, Finance Officer,Aberdeen • Laurie Gronlund, Human Resource

Director, Pierre

If you are interested in a position on the SDML Workers' Compensation Fund Board or would like to nominate someone who is a Member of the SDML Workers’ Comp Fund and is either an elected or appointed official, please send a letter of application by the deadline date of September 6, 2021 to:

Sandi Larson SDMLDirector of Risk Sharing Services 208 Island Drive Ft. Pierre, South Dakota 57532 Phone: 1-800-658-3633 E-mail: sandi@sdmunicipalleague.org

PositionsontheBoardofTrusteesareforthree years and successful candidates will be seated on January 1, 2022. All nominations for the election will be forwarded to the Nominating Committee.