Hurt at work in South Dakota? Deadlines, weekly benefit and how to file

Tell your employer in writing within 3 business days (the date the injury occurred, counted in business days). File your claim within 2 years.

Temporary total disability pays two-thirds of your average weekly earnings. Pay is up to $1,152 a week (July 1, 2026 to June 30, 2027).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

In South Dakota, temporary total disability pays part of your lost wages each week while your doctor keeps you off work because of a work injury. Your employer's insurance company (or a self-insured employer) pays the claim, and the Department of Labor and Regulation's Division of Labor and Management offers free mediation and decides disputed cases at hearings.

What are my deadlines?How much will I get?Who is my doctor?Claim denied?

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

Free tools for South Dakota

Free tools that run in your browser. Nothing you enter is saved or sent until you download, copy or print a document.

Deadline helper

Worked out in your browser. Nothing you enter here is saved or sent.

If you are not sure of the exact day, use the earliest day you think it could be.

Enter the date of injury

We add the number from the law to your date. Nothing is saved.

Written notice to your employer

A letter that tells your employer, in writing, that you were hurt or made sick by your work.

Where the reply should be sent.

Required when you mail it. Not needed if you hand it in person.

In your own words, in English. Keep it short and factual. Do not guess why it happened.

It goes into the letter as you type it.

Other formats

Claim checklist: what to gather and do

A printable list of papers to keep and steps to take.

What you already have

South Dakota
Other formats

Your checklist

Deadlines in South Dakota

Tell your employer
3 business days
File your claim
2 years
Waiting period

No temporary disability benefits are paid for an injury that does not keep you from working for at least 7 consecutive days.

All the details →

Weekly benefit in South Dakota

Maximum
$1,152 a week (July 1, 2026 to June 30, 2027)
Minimum
$576 a week (July 1, 2026 to June 30, 2027)
Minimum rule

The minimum is $576 a week (for injuries from July 1, 2026), but if you earned less than $576 a week, your benefit cannot be more than 100% of your take-home pay (your earnings after federal and state income tax and Social Security/Medicare deductions).

Applies to
Injuries from July 1, 2026 through June 30, 2027 (the state average weekly wage set each June applies to injuries in the fiscal year starting July 1)

Temporary total disability pays two-thirds of your average weekly earnings.

Law: SDCL §§ 62-4-3, 62-4-3.1

Source: dlr.sd.gov

We do not offer a calculator for South Dakota: its rule has parts that a simple estimate cannot show. Read the rule above and ask the state agency.

All the details →

Who is your doctor in South Dakota?

Who chooses
You choose
Network
Certified managed care (case management) plan used by the insurer

You may choose your first medical practitioner from all licensed practitioners in South Dakota. Tell your employer your choice before treatment, or as soon as reasonably possible after. Emergency room treatment does not count as your choice. Insurers must use certified case management plans; you must tell your doctor which plan covers you, and the plan controls later referrals and consultations.

To change your medical practitioner, you must get written approval from your employer (or the insurer). You may get a second opinion without approval, but at your own expense.

Law: SDCL § 62-4-43

Source: dlr.sd.gov

Who is covered in South Dakota

Size of employer

The South Dakota workers' compensation law applies to nearly all employers, regardless of the number of employees, and says employers under the law must buy insurance or be approved to self-insure. A private employer that does not do so is treated as having chosen not to operate under the workers' compensation law. The state, cities and other local governments are covered.

Special rules
  • State and local government: The state, municipalities and other political subdivisions are covered by the workers' compensation law.
  • Domestic workers: Not covered unless they work for the employer more than 20 hours in a calendar week and for more than 6 weeks in any 13-week period.
  • Farm or agricultural laborers: Not covered by the workers' compensation law.
Not covered
  • Farm or agricultural laborers
  • Domestic workers working 20 hours a week or less, or for 6 weeks or less in a 13-week period
  • Independent contractors certified as exempt by the Department (including some real estate agents and truck owner-operators)
  • Work activity (workfare) participants
  • Work that is not in the usual course of the employer's business
Contractors

Independent contractors, including real estate agents and truck owner-operators, may be exempt only if certified as independent contractors by the Department of Labor and Regulation.

If your employer has no insurance

If your employer does not have workers' compensation insurance, you can choose one of two routes, but not both: sue the employer in court for damages for the injury, or bring a workers' compensation claim against the employer in circuit court, where the benefits are medical care plus twice the other compensation the law allows. Contact the Division of Labor and Management for information.

Law: 605.773.3681

Check your employer's insurance

Law: SDCL §§ 62-3-11, 62-3-15, 62-5-1, 62-5-7

Source: dlr.sd.gov

If your claim is denied or delayed in South Dakota

First step

Call the insurance adjuster to try to work it out, then call the Division of Labor and Management. Either side can ask the Department for free, voluntary mediation by phone or at a local office.

Form
Petition for Hearing

All the details →

Fired or punished for filing in South Dakota

An employer may not fire you in retaliation for filing a lawful workers' compensation claim.

The law
SDCL § 62-1-16
What you may get

The employer is civilly liable for wrongful discharge (you can seek damages in court). You must prove the firing was in retaliation for your claim.

Where to file

A lawsuit in state court.

Law: SDCL § 62-1-16

Source: sdlegislature.gov

Lawyers' fees and other benefits in South Dakota

South Dakota workers' compensation also pays medical care, temporary partial disability, permanent partial disability based on an impairment rating, permanent total disability (weekly for life, with a cost-of-living adjustment), rehabilitation or retraining benefits, death benefits to a spouse and children, and up to $10,000 for burial.

Free help in South Dakota

State agency

South Dakota Department of Labor and Regulation, Division of Labor and Management (Workers' Compensation)

Phone
605.773.3681
Address
Division of Labor and Management, 123 W. Missouri Ave., Pierre, SD 57501
Find an office

Free help

Good to know in South Dakota

  • Your employer cannot take the cost of workers' compensation insurance from your wages, prevent you from filing, or threaten you or take action against you for filing.
  • The written notice to your employer is due within 3 business days after the injury.
  • Mileage to and from treatment is reimbursed at $0.76 a mile from October 1, 2026.

Changes in 2024–2026

For injuries from July 1, 2026 the weekly minimum is $576 and the maximum $1,152; the permanent total disability cost-of-living increase effective July 1, 2026 is 2.5%.

Source: DLR rates page

Questions about workers' comp in South Dakota

How long do I have to tell my employer about a work injury in South Dakota?

Tell your employer about the injury immediately, or as soon as practical. You must also give your employer written notice no later than 3 business days after the injury.

How long do I have to file a workers' comp claim in South Dakota?

Your employer reports the injury to its insurance company, which reports it to the Department. If the insurer denies all or part of your claim in writing, you lose the right to the denied benefits unless you file a written Petition for Hearing with the Department within 2 years after the denial.

How much does workers' comp pay in South Dakota?

Temporary total disability pays two-thirds of your average weekly earnings. Pay is up to $1,152 a week (July 1, 2026 to June 30, 2027).

Can I choose my own doctor for a work injury in South Dakota?

You may choose your first medical practitioner from all licensed practitioners in South Dakota. Tell your employer your choice before treatment, or as soon as reasonably possible after.

Can my employer fire me for filing a workers' comp claim in South Dakota?

An employer may not fire you in retaliation for filing a lawful workers' compensation claim.

What if my workers' comp claim is denied in South Dakota?

Call the insurance adjuster to try to work it out, then call the Division of Labor and Management. Either side can ask the Department for free, voluntary mediation by phone or at a local office.

Not about a work injury?

Not about a work injury? Unpaid wages → Wage Claim Map · Hurt in a car crash → Accident Claim Map · A medical bill → Medical Bill Map · Unemployment benefits → Unemployment Claim Map · Other problems → robinclaim.com

Nearby states

Sources