How Much Workers' Comp Pays in South Dakota
How South Dakota calculates weekly workers' comp benefits, the current maximum, the waiting period and permanent disability.
Short answer: 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
| 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. |
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| 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. |
| 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 |
| 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). |
Where to get help in South Dakota
More South Dakota workers' compensation
- Filing a Workers' Comp Claim in South Dakota
- Workers' Comp Settlements in South Dakota
- Retaliation for Filing Workers' Comp in South Dakota
- Suing Over a Work Injury in South Dakota
- Appealing a Denied Workers' Comp Claim in South Dakota
- All South Dakota workers' compensation rules
FAQ
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.
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.
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 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).
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.