Sioux Falls Construction Workers’ Compensation Attorneys Fighting For South Dakotans

Last updated on March 9, 2026

Construction is dangerous work. When you get hurt, the last thing you need is a boss saying, “We do not have insurance,” or “You do not qualify.” You need support so you can care for your injuries and support your family.

At Alvine Law Firm, LLP, we help injured construction workers across Sioux Falls and South Dakota pursue the workers’ compensation benefits the law provides. With more than 25 years of trial experience and tens of millions recovered, our firm knows how to fight when an insurer or contractor tries to dodge responsibility.

Many Hazards On A Job Site Can Lead To Injuries

Between heavy equipment, power tools, heights and fast-paced work conditions, injuries can happen in an instant on a job site, and the consequences are often serious and long-lasting. Some common job site injuries include:

• Nail gun accidents: Nail guns are powerful tools that can cause significant damage in a fraction of a second. Common nail gun injuries include hand injuries, puncture wounds, infections and tendon damage.
• Crush injuries: Crush injuries can occur when a worker is pinned, struck or caught between equipment and another surface. These injuries are often severe and may involve broken bones, severe damage to soft tissue, nerves and circulation, amputations and permanent impairment.
• Ladder and fall injuries: Falls remain one of the leading causes of serious injury in construction. Ladder falls, scaffold accidents and slips from elevated surfaces frequently result in fractures, brain injuries, back injuries and neck injuries.
• Slips, trips, and same-level falls: Uneven surfaces, cords, debris or wet areas can lead to sprains and torn ligaments.
• Lacerations and amputations: Deep cuts from saws, grinders and rotating equipment can sever tendons and nerves, and traumatic amputations may require surgery, rehab and permanent work restrictions.
• Electrical injuries: Shocks and burns can cause heart rhythm problems, nerve damage and hidden internal injuries beyond what’s visible on the skin.
• Repetitive stress and overuse injuries: Repeated lifting, hammering or vibrating tools can lead to tendonitis, carpal tunnel or joint damage that builds gradually.
• Toxic exposure: Inhaling dust or chemicals can trigger short-term breathing issues and, in some cases, long-term lung disease that may not appear immediately.

Workers’ Compensation Versus Construction Accident Lawsuits

Workers’ compensation is usually a claim against the employer’s workers’ comp insurer. For these claims, you do not need to prove that someone else was at fault to get support.

However, many construction injuries also involve third parties like negligent subcontractors, property owners, equipment manufacturers or drivers. In these cases, a separate injury lawsuit may be possible. These third-party lawsuits can provide additional support while still allowing you to pursue workers’ compensation.

What Can You Do If Your Subcontractor Does Not Have Insurance?

It happens every day on South Dakota job sites: a small subcontractor hires crews, pays cash and carries little or no workers’ compensation insurance. Then an injury happens and the worker is told there’s nowhere to turn.

That’s not always true. South Dakota has a powerful rule called “up-the-chain liability.” In many situations, if your direct employer (often a subcontractor) is uninsured, the responsibility can shift up the chain to a contractor who should have coverage – often the general contractor.

What we do:

• Identify everyone in the contracting chain (GC, subs, sub-subs, staffing providers)
• Confirm which entities had workers’ comp coverage on the date of injury
• Assert claims under when the direct employer is uninsured
• Push back when contractors try to “pass the buck”

If your boss says “no insurance,” it may simply mean you’re looking at the wrong company. We find the one that’s legally responsible.

Can You Still Get Workers’ Compensation If You Aren’t Classified As An Employee?

Construction employers often try to avoid workers’ compensation obligations by calling workers “independent contractors” or paying by 1099. Workers who are “off-the-books” – paid cash, hired for the week or undocumented – may also worry that they will have to pay for the cost of care on their own.

However, these labels don’t control your rights. You may still qualify for benefits if:

• You are told when and where to show up
• You use the company’s tools or equipment
• A foreman supervises your work and tells you how to do the job
• You are part of a crew performing core work on the project
• You can’t truly negotiate prices like a separate business would

If you were injured doing construction work in South Dakota, it is worth getting legal advice before you assume you are out of options. At Alvine Law Firm, LLP, we fight to prove employee status when a contractor uses a “1099” label to block benefits. Being undocumented or paid in cash does not automatically eliminate your right to pursue a claim. We represent undocumented workers, day laborers, union tradespeople and apprentice workers, workers hired through layers of subcontractors or labor brokers, misclassified workers and many others.

Will Your Job Be In Danger If You File?

After a construction injury, many workers are pressured to “tough it out” or return before they’re medically ready. Others are suddenly cut from the crew after reporting an injury.

Retaliation is a real problem. While employers may claim it’s “lack of work” or “performance,” we know what to look for when a worker is punished for asserting their rights. If you’re being threatened, pushed out or blacklisted after filing a claim, we step in to protect you and your benefits.

It is also important not to let anyone pressure you into resigning. Quitting can jeopardize wage-loss benefits and complicate your case. Before you quit, get legal guidance so you can understand your rights and the ways you can protect both your health and your income.

Talk to Alvine Law Firm, LLP, About a South Dakota Construction Workers’ Comp Claim

Construction cases can turn into a maze of contractors, insurance policies and finger-pointing – especially when your direct boss is uninsured or claims you were a “contractor.” Our job is to cut through that and pursue the coverage the law requires.

Contact Alvine Law Firm, LLP, to speak with a Sioux Falls workers’ compensation lawyer. If you were hurt on a job site – nail gun accident, crush injury or fall – we’re ready to help you understand your rights and take the next step. Call us at 605-275-0808 or reach out to our team online to schedule a consultation.