South Dakota Workers' Compensation Laws

Employers must report injuries to the insurance carrier within 7 days. Employees should report injuries to their employer as soon as possible — written notice is recommended.

For occupational diseases, the limitation period runs from when the employee knew or should have known the condition was related to employment.

Report the injury to your employer as soon as possible. Written notice is recommended. The employer must then report the injury to their insurance carrier within 7 days.

If benefits are denied or disputed, file a Petition for Hearing with the South Dakota Department of Labor and Regulation.

South Dakota does not strictly mandate workers' compensation insurance for all employers, but uninsured employers lose their common-law defenses (contributory negligence, assumption of risk, fellow servant rule) and can be sued directly in civil court by injured workers.

TTD benefits pay two-thirds of the employee's average weekly wage. As of July 1, 2025, the maximum weekly rate is $1,108 and the minimum is $554. Benefits begin after a 7-day waiting period, which is paid retroactively if disability lasts more than 21 days.

The employee has the initial choice of treating physician and must advise the employer in writing of the selected doctor. Changing physicians later requires written approval from the employer or insurer.

If an injury results in permanent total disability, the employee may receive weekly compensation for life at two-thirds of their average weekly wage, subject to the annual maximum.

Employers may not discharge or otherwise discriminate against an employee for filing or intending to file a workers' compensation claim.