Filing a Workers' Comp Claim 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).

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.

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.

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.

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.