Workers' comp deadlines in South Dakota: tell your employer and file

Tell your employer in South Dakota

Time limit

3 business days

Counted from

The date the injury occurred (counted in business days)

In writing?

Yes, in writing

If you are late

If you do not give notice, you cannot claim compensation unless your employer or its representative actually knew about the injury, or you gave written notice later and had good cause for the delay (good cause is judged in favor of the employee).

Illness that develops over time

For an occupational disease, written notice must be given to the employer within 6 months after the employment in which the disease was contracted ended. In case of death from an occupational disease, written notice of the death must be given within 90 days.

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. The notice does not need a special form, but it must say when, where and how the injury happened. The First Report of Injury form can be used and given to your employer within 3 business days.

Law: SDCL §§ 62-7-10, 62-8-29

Source: dlr.sd.gov

File your claim in South Dakota

Time limit

2 years

Counted from

The date the insurer or self-insurer notifies you and the Department in writing that it is denying the claim in whole or in part

What to file

A written Petition for Hearing filed with the Department of Labor and Regulation, Division of Labor and Management, Pierre

Claim form

First Report of Injury

Who files it

You give written notice to your employer. Your employer files the First Report of Injury with its insurance company (or with the Department, if self-insured), and the insurer reports it to the Department electronically. If your employer refuses to file a claim for you, call the Division of Labor and Management; it can give you the forms and file the claim directly with your employer's insurer.

Law: 605.773.3681

What your employer must do

If an injury needs medical treatment beyond minor first aid or keeps you off work 7 or more calendar days, your employer must file a written report with its insurer (or the Department, if self-insured) within 7 calendar days after learning of it, not counting Sundays and legal holidays. Employers must also report the injury to their case management plan within 24 hours.

When the insurer decides

The insurance company has 20 days from receiving the injury report to complete its investigation and may ask for up to 30 more days. The Department says that, if the injury was reported right away, it usually takes 4 to 5 weeks before disability benefits arrive.

Illness that develops over time

Written notice of an occupational disease must be given within 6 months after the employment ended; if payments were made and then stopped, a claim for further occupational-disease compensation must be made within 1 year after the last payment.

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. If benefits were paid and you later claim more, you must file a petition within 3 years from the date of the last payment.

Law: SDCL §§ 62-7-35, 62-7-35.1, 62-8-29, 62-8-32

Law: SDCL §§ 62-6-2, 62-7-10

Source: dlr.sd.gov

Waiting period and first payment in South Dakota

Waiting period

No temporary disability benefits are paid for an injury that does not keep you from working for at least 7 consecutive days. Once that waiting period is met, benefits are paid from the date of injury.

Paid back for the waiting days

If your injury keeps you from working for 7 consecutive days, benefits are figured from the date of the injury, so the first 7 days are paid too.

First payment

Benefits are generally paid on the same schedule as your regular paychecks; if that is not practical, weekly. A 10% penalty applies if benefits are not paid within 10 days after they were due and the delay was unreasonable.

How often you are paid

Same schedule as your paychecks, otherwise weekly

Law: SDCL § 62-4-2

Source: dlr.sd.gov

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