Hiring a Workers' Compensation Lawyer in South Dakota
The limits on workers' comp lawyer fees in South Dakota, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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South Dakota rules to know first
| Lawyer fee limits | In South Dakota, attorney fees in workers' compensation cases must be approved by the Department of Labor and Regulation and are capped as a percentage of the benefits secured through the attorney's involvement: 25% of the disputed amount on settlement, 30% if the department awards benefits after a hearing or on circuit court appeal, and 35% after a successful Supreme Court appeal. The Division of Labor and Management can give information and answer questions on a limited basis but cannot represent any party. Division help: https://dlr.sd.gov/workers_compensation/rights_reponsibilities_employees.aspx |
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| Deadline to file a claim | If the insurer or self-insurer notifies the worker and the Department in writing that it is denying coverage, the worker must file a written petition for hearing with the Department of Labor and Regulation within two years of that notice. If benefits have been paid, a claim for additional compensation must be filed within three years from the date of the last payment. Source: SDCL 62-7-35, 62-7-35.1 |
| Deadline to challenge a denial | If the employer and worker cannot agree, either may request a hearing before the Department of Labor and Regulation. If the insurer or self-insurer notifies the worker and the Department in writing that it is denying coverage, the worker must file a written petition for hearing within two years after that notice, or the claim (or the denied part) is barred. A party may ask the Department to review its decision within 10 days after service. A final Department decision may be appealed to circuit court by serving and filing a notice of appeal within 30 days after the agency serves notice of the final decision. Court appeal: https://sdlegislature.gov/Statutes/62-7-19 and https://sdlegislature.gov/Statutes/1-26-31 |
| Can you sue your employer? | Generally no. Workers' compensation rights exclude all other rights and remedies of the worker and family against the employer and its employees, partners, officers and directors for a work injury or death. The statutory exception is rights and remedies arising from an intentional tort. An employer that failed to secure coverage is treated as having elected not to operate under the law, and the worker may sue it (see uninsured employer). Source: SDCL 62-3-2, 62-5-7 |
| Suing someone other than your employer | Yes. If someone other than the employer is legally liable for the injury, the worker may choose to claim compensation, to sue that person for damages, or to proceed against both. Any damages recovered from the third party are an offset against the workers' compensation the worker would otherwise receive. Source: SDCL 62-4-38 |
| Filing a claim online | Give your employer written notice of the injury within three business days. The department's online services include a First Report of Injury form. If your employer refuses to file, contact the Division of Labor and Management at 605-773-3681; it can supply forms and file the claim directly with the employer's insurer. If you and your employer disagree, you can request mediation and file a petition for hearing within two years of the date benefits were denied. Division main line: 605-773-3101 (TTY 711) |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
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| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
Free legal help
| Free legal aid | Free civil legal aid for low-income South Dakotans is provided by two LSC-funded programs: Dakota Plains Legal Services and East River Legal Services (per the Legal Services Corporation's grantee list). The North Dakota courts' Finding a Lawyer page also describes Dakota Plains Legal Services as providing free legal help to low-income individuals, older Americans and veterans across South Dakota and North Dakota, including tribal court matters. DPLS description: https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
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All legal help in South Dakota · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.