## Construction-site injuries in South Dakota Construction is one of the most dangerous occupations. South Dakota injured workers typically have **two parallel paths to recovery:** 1. **Workers' compensation** — against own employer (no-fault, capped) 2. **Third-party liability** — against other parties (negligence, full damages) ## OSHA "Fatal Four" — most common construction deaths Per OSHA, four causes account for ~60% of construction fatalities: 1. **Falls** (~36%) — from heights, ladders, scaffolds, roofs 2. **Struck by object** (~10%) — falling tools, materials, equipment 3. **Electrocutions** (~9%) — power lines, faulty wiring 4. **Caught-in / between** (~2%) — trench collapse, machinery Each often involves preventable safety violations. ## Workers' compensation **Pros:** - No-fault — get benefits regardless of cause - Quick benefits start - Medical care covered - Wage replacement (typically 2/3 of wages) - Disability ratings + payouts **Cons:** - Capped benefits (no pain & suffering) - Wage replacement often less than actual earnings - Permanent disability ratings often inadequate - Cannot sue employer (exclusive remedy) ## Third-party claims — full recovery available **Potential third-party defendants:** **1. General contractor (when not your employer):** - Failure to maintain safe site - Failure to coordinate sub-trades - OSHA violations - ${s.name}-specific GC liability statutes **2. Other subcontractors:** - Other trades' negligence - Created hazardous condition - Failed to warn about hazards **3. Property owner:** - Failed to warn of hazards - Failed to maintain property - Premises-liability standards **4. Equipment manufacturers:** - Defective machinery / tools - Failed safety devices - Inadequate warnings / instructions - Product-liability claim **5. Materials suppliers:** - Defective products (e.g., scaffolding components) - Inadequate warnings **6. Architects / engineers:** - Negligent design - Failure to supervise construction - Code violations in plans **7. Trucking / delivery companies:** - Auto-related injuries on site - Loading / unloading injuries ## Damages in third-party claims (vs workers' comp) **Third-party claims allow recovery of:** - Past + future medical expenses (full, not Medicare/employer rates) - Past + future lost wages (full earnings) - Diminished earning capacity - Pain & suffering - Emotional distress - Loss of consortium (for spouse) - Disfigurement / scarring - Punitive damages (for egregious conduct) ## Workers' comp lien **When third-party claim succeeds:** - Workers' comp insurer has lien against recovery - Reimburses comp insurer for benefits paid - Reduced by comp insurer's share of attorneys' fees - Can sometimes negotiate lien reduction - Net to worker often substantially exceeds workers' comp alone ## Common construction injury types - **Spinal cord injuries** — falls, crushing - **Traumatic brain injuries** — falls, struck by object - **Amputations** — equipment, machinery - **Burns** — electrical, chemical, thermal - **Crushing injuries** — equipment, falling materials - **Repetitive stress** — long-term wear - **Hearing loss** — prolonged noise exposure - **Respiratory injuries** — silica, asbestos, mold - **Eye injuries** — debris, chemicals, welding flash ## OSHA's role **OSHA investigation:** - Required for fatalities + 3+ hospitalizations - May follow other serious injuries - Findings + citations valuable evidence - Don't replace civil claims **Common OSHA violations:** - Inadequate fall protection (No. 1 cited) - Inadequate scaffolding - Lockout/tagout violations - Inadequate respirator protection - Failed hazard communication - Inadequate training ## ${s.name}'s specific construction law **${s.name} construction-specific statutes may include:** - Scaffold law / height safety statutes - General contractor liability - Mechanic's-lien interactions - Subrogation rules - ${s.name}-specific OSHA program Some states (notably New York) have unique scaffolding laws creating absolute liability for falls from height. ## Critical evidence preservation **Immediately after injury:** - **Photographs** of scene, equipment, injuries - **Witness contact info** - **Equipment / tools** — preserve, don't return - **Safety equipment** — your own + provided - **Daily logs / sign-in sheets** - **Project documentation** - **Communications** — texts, emails, etc. Construction sites change rapidly. Evidence disappears. ## Statute of limitations considerations South Dakota statute of limitations applies to third-party claims (not workers' comp deadlines). Different deadlines for different defendants. Don't delay. ## Common defenses to be ready for - **"Open and obvious" hazard** — premises liability defense - **Worker's own negligence** — comparative fault - **Assumption of risk** — limited applicability - **Independent contractor status** — affects employer liability - **Improper site behavior** — not following safety procedures - **Pre-existing condition** — affects damages ## What you should do If you're injured on a construction site in South Dakota: file workers' comp ASAP, but ALSO consult a personal-injury attorney about third-party claims. The two paths run parallel and shouldn't conflict. Most South Dakota construction-injury attorneys work on contingency (no fee unless you win). --- *This guide is general information about South Dakota law as of mid-2026 and is not legal advice. Construction-injury cases are complex. Talk to a licensed South Dakota personal-injury attorney about your specific situation.*