southDakota Workers' Compensation: Fast Facts
Coverage Requirements Under South Dakota State Law
South Dakota workers' compensation insurance is completely optional under current state law. So, it's possible your employer might not have this coverage – be sure to confirm with your supervisor or HR department. We've also included a list of exempt employees below not usually covered under existing workers' compensation insurance policies.
If your employer doesn't have North Dakota workers' compensation insurance, your only option is to file a personal injury claim. Get a free, no-obligation consultation with a local personal injury attorney near you today.
Work-Related Injury or Illness Reporting Requirements
You must report your workplace injury or illness to your supervisor within three business days, preferably in writing. If you need urgent care for a life-threatening medical emergency, go to the nearest ER or hospital first. Then, your employer should report what happened to you to their insurance company within 7 days after your notification. Reporting the incident to your employer after 3 business days could put your South Dakota workers' compensation case at risk.
Where to Seek Medical Care
Go to any licensed healthcare provider, hospital, or clinic for medical treatment (including your own doctor). When you arrive, be sure to tell the doctor your injury or illness is work-related for future billing purposes. Once you're medically stable, you need to give your treating physician's contact information to your employer's insurer. If you wish to change doctors for your ongoing medical care, you need written approval from the company's insurer.
Waiting Period for Lost-Wage Benefits in South Dakota
Your first 6 days off are always unpaid unless you're out for at least a week because of your incident. Once you're out for a week or more, workers' comp covers those first 6 unpaid work shifts. If you don't need at least a week off after your accident, then workers' compensation only covers your medical bills.
South Dakota Workers' Compensation Statute of Limitations
You have one year from your work injury or illness date to file for workers' comp benefits.
South Dakota Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive South Dakota Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: up to $10,000 for funeral and burial expenses, plus 2/3 of the deceased worker's AWW until the surviving spouse remarries, which triggers a lump-sum payment equal to 104 weeks of benefits
- Temporary Total Disability (TTD): until you return to work full-time, or reach maximum medical improvement
- Permanent Partial Disability (PPD):duration of disability or until you reach a lump-sum settlement agreement with the Division
- Temporary Partial Disability (TPD):you'll receive a percentage of the difference between your pre-injury and post-injury wages every week
- Permanent Total Disability (PTD): weekly TTD payments for duration of disability, subject to a medical exam-based review every 5 years
South Dakota Workers' Comp Coverage Exemptions
The following employees are automatically exempt from South Dakota workers' compensation coverage requirements:
- Agricultural, domestic, and farm laborers working no more than 20 hours per calendar week, and less than 6 weeks in any 13-week period
- Federal employees
- Independent contractors certified exempt by the Division of Labor and Management
- Volunteers
South Dakota Workers' Compensation Attorney Fees
All South Dakota workman's comp lawyers work on contingency. This means you only pay legal fees when you win. If you don't win, then you pay your attorney $0. For successful claims, South Dakota workers' compensation lawyers can charge:
- 25% of your final award if you settle out of court
- 30% of your final award from a lower court verdict at trial
- 35% of your final award if your case goes before the South Dakota Supreme Court and wins at trial
