Filing a Worker’s Compensation Claim in South Dakota:

Immediately upon occurrence of an injury, or as soon as practicable, an injured employee (or a representative) shall give or cause to be given a written notice of injury to the employer. Written notice shall be provided no later than three business days after the occurrence. The employee shall not be entitled to physician's fee or any compensation which may have accrued prior to the time of giving notice, unless it can be shown that the employer, the employer's agent, or representative had knowledge of the injury or death, or the employer was given written notice after the date of the injury and the employee had good cause for failing to give written notice within the three business-day period which determination shall be liberally construed in favor of the employee.

No compensation will be paid unless written notice is given within three business days unless reasonable excuse is made. If you are entitled to benefits and do not receive them within 20 days, contact the Bureau of Personnel.

The employee must also inform his/her physician about which managed care plan the employer uses.

By following the basic procedures outlined below, the Bureau of Personnel can process your claim more efficiently.

Attorney fees are 25% for settlements, 30% for lower court cases and 35% for State Supreme Court cases.

South Carolina Worker’s Compensation Treatment:
If medical treatment is received as a result of the work-related injury or illness, the injured employee has the right to choose the initial primary treating medical provider.  Services may be denied under workers’ compensation if a change in a medical provider occurs without a referral from the primary treating medical provider, or prior approval from the Bureau of Personnel, Workers’ Compensation Program.

The medical provider must submit a medical report to Dakotacare, within fourteen (14) days following the initial treatment.  To expedite processing of claims, a bill should be attached to the medical report.  If the medical bills are mailed directly to the employee, the employee is responsible for forwarding the bills to Dakotacare for processing and payment.  

An injured employee may elect to obtain a second opinion at his or her own expense.

All diagnostic (MRI, CT Scan,  etc.) and surgical procedures, must be approved by the Bureau of Personnel, Workers’ Compensation Program, prior to receiving the services.  If the compensability of the workers’ compensation claim has not been determined, the injured employee is responsible for providing notification of the recommended procedure to his or her personal health insurance.

All physical therapy, occupational therapy or durable medical equipment must be approved by the Bureau of Personnel, Workers’ Compensation Program, prior to incurring the expense.

South Dakota Worker’s Compensation Benefits:
The workers' compensation system provides replacement income, medical expenses, and sometimes, vocational rehabilitation benefits -- that is, on-the-job training, schooling, or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest.

If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling.. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local workers' compensation office as soon as possible; these benefits are rather complex and may take a while to process.

South Dakota Worker’s Compensation Waiting Period:
The waiting period for compensation benefits after injury is 7 days.

Compensation is retroactive if disability continues for 7 consecutive days.

South Dakota Worker’s Compensation Contact Information:
James Marsh, Director
Department of Labor
Division of Labor & Management
700 Governors Dr., Kneip Bldg.
Pierre, SD 57501-2291
 (605) 773-3681  (605) 773-3681

NOTICE: These questions and answers concern South Dakota law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.