South Dakota Workers' Compensation: Deadlines, Benefits and How to File
South Dakota workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for South Dakota
- Deadline to report the injury
- The employee must notify the employer immediately, or as soon as practical, and give written notice no later than three business days after the injury. SDCL 62-7-10
- 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. SDCL 62-7-35, 62-7-35.1
- Weekly benefit rate
- Temporary total disability is 66⅔% of the worker's earnings (overtime counted at straight-time pay), up to 100% of the state average weekly wage and not less than half of that amount. SDCL 62-4-3; S.D. Dept. of Labor and Regulation, Employee Rights and Responsibilities
- Maximum weekly benefit
- Effective July 1, 2026 (through June 30, 2027), the maximum weekly workers' compensation rate is $1,152 and the minimum is $576. Permanent total disability benefits received a 2.5% cost-of-living increase effective July 1, 2026. S.D. Dept. of Labor and Regulation, Workers' Compensation Rates
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Every employer and employee is presumed to be covered by South Dakota's workers' compensation law, and employers (other than the state and local governments) must secure coverage through insurance or approved self-insurance. Exempt are domestic servants (unless they work for the employer more than 20 hours in a calendar week and more than six weeks in any 13-week period), farm or agricultural laborers, and certain work-activity participants, although an exempt employer may voluntarily insure. Certain commercial threshing and similar machine operations must be covered. |
|---|---|
| Deadline to report the injury | The employee must notify the employer immediately, or as soon as practical, and give written notice no later than three business days after the injury. The notice can be in any form but must say when, where and how the injury happened. Failing to give notice bars the claim unless the employer had actual knowledge of the injury, or the employee gave later written notice and had good cause for the delay (which is liberally construed in the employee's favor). Source: SDCL 62-7-10 |
| 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 |
| Waiting period | No temporary disability benefits are paid unless the injury keeps the worker from working for seven consecutive days. If the seven-day waiting period is met, benefits are calculated from the date of injury. Source: SDCL 62-4-2 |
Benefits
| Weekly benefit rate | Temporary total disability is 66⅔% of the worker's earnings (overtime counted at straight-time pay), up to 100% of the state average weekly wage and not less than half of that amount. A worker who earned less than half of the maximum gets no more than 100% of their after-tax earnings. Temporary partial disability is half the difference between pre-injury earnings and what the worker earns or could earn after the injury. |
|---|---|
| Maximum weekly benefit | Effective July 1, 2026 (through June 30, 2027), the maximum weekly workers' compensation rate is $1,152 and the minimum is $576. Permanent total disability benefits received a 2.5% cost-of-living increase effective July 1, 2026. |
| How long benefits last | The South Dakota sections on temporary total and partial disability set the weekly rate but do not state a maximum number of weeks. A worker in a reasonably necessary rehabilitation program receives compensation at the temporary total rate for the whole time the worker is in the program. Permanent partial disability for scheduled injuries is paid for a set number of weeks for each body part (for example, 50 weeks for loss of a thumb). Permanent total disability is paid for life, with an annual cost-of-living increase of up to 3 percent. |
| Permanent disability | Permanent partial disability is paid for a number of weeks based on the impairment rating assigned by the medical practitioner and the statutory schedule (for example, 50 weeks for loss or complete loss of use of a thumb), at the worker's compensation rate. Permanent total disability is paid at the temporary total rate for life, with an annual cost-of-living increase tied to the consumer price index (capped at 3% a year). |
| Death benefits | If a work injury causes death, the surviving spouse receives benefits at the compensation rate for life or until remarriage, when a lump sum equal to two years' benefits is paid. If there are only children, they receive the rate until age 18 (22 if a full-time student, or for life if unable to support themselves). Each dependent child under 18 also receives $50 a month. The employer pays burial and headstone expenses up to $10,000, plus transporting the body if the death occurred away from where the worker will be buried. Source: SDCL 62-4-12, 62-4-13, 62-4-16 |
Doctors, filing, settlements and appeals
| Choosing a doctor | The worker may choose any licensed medical practitioner or surgeon in the state and must notify the employer of the choice before treatment, or as soon as reasonably possible afterward; emergency room treatment does not count as the choice. The chosen doctor can make referrals. To change doctors, the worker needs written approval from the employer (or insurer). The worker may get a second opinion without approval but at the worker's own expense. |
|---|---|
| How to file | Give your employer written notice of the injury within three business days; the employer reports the injury to its insurer. If your employer refuses to file a workers' compensation claim for you, the Division of Labor and Management (605-773-3681) can provide the forms and file the claim with the employer's insurer. The insurer has 20 days from receiving the report to investigate and may request up to 30 more days. If you and the employer cannot agree on compensation, either side may file a petition for hearing with the Department of Labor and Regulation. |
| Settlements | If the employer and employee agree on compensation, a memorandum of the agreement is filed with the Department of Labor and Regulation; it stands as approved and enforceable unless the department sends notice of disapproval within 20 days. Either side may also petition the department to have unpaid compensation paid in a lump sum; after notice and a showing, the Secretary of Labor and Regulation may order it if it is in the employee's best interests. For permanent total disability, a full or partial lump sum may be ordered only for the employee's exceptional financial need caused by the injury or to pay approved attorney fees and costs. Death benefits to dependents generally cannot be paid in a lump sum. Source: SDCL 62-7-5, 62-7-6 |
| Appealing a denial | Disputes are heard by the Department of Labor and Regulation after a petition for hearing. An employer or employee may appeal the Department's final decision to circuit court under the state Administrative Procedures Act, by serving and filing a notice of appeal within 30 days after the agency serves notice of its final decision. Source: SDCL 62-7-12, 62-7-19, 1-26-31 |
| 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 |
| Retaliation for filing | An employer is civilly liable for wrongful discharge if it fires an employee in retaliation for filing a lawful workers' compensation claim. The employee must prove the firing was in retaliation for the claim. Source: SDCL 62-1-16 |
| Filing or checking 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) |
| Lawyer fees in comp cases | 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 |
Lawsuits and uninsured employers
| Suing 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 |
| If your employer has no workers' comp | A private employer that fails to secure workers' comp coverage is deemed to have elected not to operate under the workers' comp law. The injured worker (or dependents) may choose either to sue the employer at law for damages, or to proceed against the employer in circuit court under the workers' comp law, with benefits of the medical benefits plus twice the other compensation normally allowed. The worker cannot recover in both actions. Source: SDCL 62-5-7, 62-3-11 |
Where to get help in South Dakota
Workers' Compensation FAQ
Which employers must have workers' comp in South Dakota?
Every employer and employee is presumed to be covered by South Dakota's workers' compensation law, and employers (other than the state and local governments) must secure coverage through insurance or approved self-insurance. Exempt are domestic servants (unless they work for the employer more than 20 hours in a calendar week and more than six weeks in any 13-week period), farm or agricultural laborers, and certain work-activity participants, although an exempt employer may voluntarily insure. Certain commercial threshing and similar machine operations must be covered.
How long do you have to report a work injury in South Dakota?
The employee must notify the employer immediately, or as soon as practical, and give written notice no later than three business days after the injury. The notice can be in any form but must say when, where and how the injury happened. Failing to give notice bars the claim unless the employer had actual knowledge of the injury, or the employee gave later written notice and had good cause for the delay (which is liberally construed in the employee's favor).
What is the deadline to file a workers' comp claim in South Dakota?
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.
Is there a waiting period for workers' comp in South Dakota?
No temporary disability benefits are paid unless the injury keeps the worker from working for seven consecutive days. If the seven-day waiting period is met, benefits are calculated from the date of injury.
How much does workers' comp pay in South Dakota?
Temporary total disability is 66⅔% of the worker's earnings (overtime counted at straight-time pay), up to 100% of the state average weekly wage and not less than half of that amount. A worker who earned less than half of the maximum gets no more than 100% of their after-tax earnings. Temporary partial disability is half the difference between pre-injury earnings and what the worker earns or could earn after the injury.
What is the maximum workers' comp benefit in South Dakota?
Effective July 1, 2026 (through June 30, 2027), the maximum weekly workers' compensation rate is $1,152 and the minimum is $576. Permanent total disability benefits received a 2.5% cost-of-living increase effective July 1, 2026.
Can you choose your own doctor for workers' comp in South Dakota?
The worker may choose any licensed medical practitioner or surgeon in the state and must notify the employer of the choice before treatment, or as soon as reasonably possible afterward; emergency room treatment does not count as the choice. The chosen doctor can make referrals. To change doctors, the worker needs written approval from the employer (or insurer). The worker may get a second opinion without approval but at the worker's own expense.
How does permanent disability work under workers' comp in South Dakota?
Permanent partial disability is paid for a number of weeks based on the impairment rating assigned by the medical practitioner and the statutory schedule (for example, 50 weeks for loss or complete loss of use of a thumb), at the worker's compensation rate. Permanent total disability is paid at the temporary total rate for life, with an annual cost-of-living increase tied to the consumer price index (capped at 3% a year).
What workers' comp death benefits are available in South Dakota?
If a work injury causes death, the surviving spouse receives benefits at the compensation rate for life or until remarriage, when a lump sum equal to two years' benefits is paid. If there are only children, they receive the rate until age 18 (22 if a full-time student, or for life if unable to support themselves). Each dependent child under 18 also receives $50 a month. The employer pays burial and headstone expenses up to $10,000, plus transporting the body if the death occurred away from where the worker will be buried.
How do you file a workers' comp claim in South Dakota?
Give your employer written notice of the injury within three business days; the employer reports the injury to its insurer. If your employer refuses to file a workers' compensation claim for you, the Division of Labor and Management (605-773-3681) can provide the forms and file the claim with the employer's insurer. The insurer has 20 days from receiving the report to investigate and may request up to 30 more days. If you and the employer cannot agree on compensation, either side may file a petition for hearing with the Department of Labor and Regulation.
How do you appeal a denied workers' comp claim in South Dakota?
Disputes are heard by the Department of Labor and Regulation after a petition for hearing. An employer or employee may appeal the Department's final decision to circuit court under the state Administrative Procedures Act, by serving and filing a notice of appeal within 30 days after the agency serves notice of its final decision.
Can you be fired for filing workers' comp in South Dakota?
An employer is civilly liable for wrongful discharge if it fires an employee in retaliation for filing a lawful workers' compensation claim. The employee must prove the firing was in retaliation for the claim.
How long can you receive workers' comp in South Dakota?
The South Dakota sections on temporary total and partial disability set the weekly rate but do not state a maximum number of weeks. A worker in a reasonably necessary rehabilitation program receives compensation at the temporary total rate for the whole time the worker is in the program. Permanent partial disability for scheduled injuries is paid for a set number of weeks for each body part (for example, 50 weeks for loss of a thumb). Permanent total disability is paid for life, with an annual cost-of-living increase of up to 3 percent.
How do workers' comp settlements work in South Dakota?
If the employer and employee agree on compensation, a memorandum of the agreement is filed with the Department of Labor and Regulation; it stands as approved and enforceable unless the department sends notice of disapproval within 20 days. Either side may also petition the department to have unpaid compensation paid in a lump sum; after notice and a showing, the Secretary of Labor and Regulation may order it if it is in the employee's best interests. For permanent total disability, a full or partial lump sum may be ordered only for the employee's exceptional financial need caused by the injury or to pay approved attorney fees and costs. Death benefits to dependents generally cannot be paid in a lump sum.
How do I file or check a workers' comp claim online in South Dakota?
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.
How much can a workers' comp lawyer charge in South Dakota?
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.
Can you sue your employer for a work injury in South Dakota?
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).
Can you sue a third party for a work injury in South Dakota?
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.
What if my employer doesn't have workers' comp insurance in South Dakota?
A private employer that fails to secure workers' comp coverage is deemed to have elected not to operate under the workers' comp law. The injured worker (or dependents) may choose either to sue the employer at law for damages, or to proceed against the employer in circuit court under the workers' comp law, with benefits of the medical benefits plus twice the other compensation normally allowed. The worker cannot recover in both actions.
How long do you have to appeal a denied workers' comp claim in South Dakota?
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.
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