Retaliation for Filing Workers' Comp in South Dakota
Whether an employer in South Dakota can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: 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. SDCL 62-1-16
| 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 |
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| 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 |
Where to get help in South Dakota
More South Dakota workers' compensation
- Filing a Workers' Comp Claim in South Dakota
- How Much Workers' Comp Pays in South Dakota
- Workers' Comp Settlements 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
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 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.
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.