Workers Compensation in South Dakota
A workplace injury can change your life in an instant. One moment, you’re focused on your job, and the next, you’re dealing with medical bills, lost wages, and uncertainty about when—or if—you’ll be able to return to work. What happens if your employer downplays your injury? What if the insurance company delays your benefits?
Understanding your rights and acting quickly after an injury can make a major difference in your case.
This guide explains how workers’ compensation works in South Dakota, the steps you must take after an injury, and why you may need legal help.
Workers Compensation Statistics in South Dakota?
Workplace injuries are an ongoing concern for South Dakota workers. In 2023, private-sector employers reported approximately 8,100 nonfatal workplace injuries and illnesses, with an incidence rate of 3.1 cases per 100 full-time employees, slightly above the national average.
Some industries in South Dakota have significantly higher injury rates than others:
- Construction – With an injury rate of 3.9 per 100 workers, common hazards include falls from scaffolding, equipment malfunctions, and structural collapses.
- Manufacturing – An industry with an incidence rate of 3.7 per 100 employees, where workers frequently experience repetitive motion injuries, machine-related accidents, and exposure to hazardous chemicals.
- Agriculture – A key sector in South Dakota, with a high risk of injuries from heavy machinery, livestock-related accidents, and environmental exposure.
How Does Workers Comp Work in South Dakota?
In South Dakota, most businesses must carry workers’ compensation insurance to provide financial support to employees who suffer job-related injuries or illnesses. Unlike some states, South Dakota does not have a state-run workers’ compensation fund, meaning all claims are handled through private insurance companies.
The Department of Labor Regulation for South Dakota does not require employers to carry workers’ compensation insurance, but they can be sued for damages if they are not insured. Workers’ compensation laws do not apply to independent contractors or to farm workers not operating large machinery. Coverage includes medical care, death benefits, and some travel costs.
Wage replacement benefits begin after a seven-day waiting period and continue until you can return to work or reach maximum medical improvement (MMI).
Get Medical Attention
One of the biggest mistakes injured workers make is delaying medical treatment. Even if you think your injury is minor, getting checked out by a doctor is crucial. In South Dakota, your employer or their insurance provider has the right to choose your doctor. If you want to switch physicians, you must get approval from your employer’s workers’ compensation insurance carrier or the South Dakota Department of Labor and Regulation.
To protect your claim:
- Seek medical treatment as soon as possible—waiting too long could hurt your case.
- Follow your doctor’s recommendations and attend all follow-up appointments.
- Keep detailed records of your treatments, prescriptions, and work restrictions.
- Report all symptoms to your doctor, even if they seem minor at first.
If your employer refuses to provide medical care or your claim is denied, a workers’ compensation attorney can help you challenge the decision.
File a First Report of Injury
South Dakota law requires injured workers to report their injury to their employer within three business days of the incident. While you may still be eligible for benefits if you miss this deadline, reporting your injury immediately strengthens your claim and prevents unnecessary delays.
Once you notify your employer, they are responsible for filing a First Report of Injury (FROI) with their insurance carrier. If your employer does not report the injury, you have the right to file a claim directly with the South Dakota Department of Labor and Regulation.
If your claim is denied, you may need to:
- Provide additional medical evidence to prove your injury is work-related.
- Attend an Independent Medical Examination (IME) if required by the insurance company.
- Request a formal hearing before the South Dakota Department of Labor to appeal the decision.
South Dakota has a two-year statute of limitations for filing a workers’ compensation claim. If you don’t take action within this period, you could lose your right to benefits.
South Dakota does not limit the length of time that medical benefits can be paid, or the total amount. Moreover, partial and total disability benefits are paid for the term of the disability. If the end of the term is in dispute, the injured employee has three years from the date of the last payment to file for additional benefits.
Why You Should Hire a Workers’ Compensation Lawyer
Not all workers’ compensation claims are approved right away. Insurance companies often try to limit their liability, and some employers dispute whether an injury happened on the job. Common reasons claims are denied include:
- •Missed reporting deadlines – If you fail to notify your employer within three business days, your claim could be challenged.
- •Lack of medical documentation – Without a clear link between your injury and your job, insurers may deny your claim.
- •Employer disputes – Some employers argue that an injury didn’t occur at work or was caused by pre-existing conditions.
If your claim is denied, you have the right to request mediation or a hearing with the South Dakota Department of Labor. A workers’ compensation attorney can guide you through this process, helping you present medical evidence, challenge the denial, and fight for your benefits.
Work With an Experienced Local Lawyer in South Dakota
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across South Dakota state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
We offer coverage on other areas of South Dakota law if your search has led to more questions.
