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Compensation and Other Rates Weekly Workers' Compensation Rate: Effective July 1, 2022, the minimum is $488 and the maximum is $975.
Aside from the obvious need to seek medical treatment for the injury, state law requires you to give written notice of an injury to your employer within three business days. Employees who fail to do so risk the loss of their workers' compensation benefits.
Five day work week. Insurer has 20 days from receipt of injury report to complete investigation and if necessary can request up to an additional 30 days to investigate (Form 106), payment or denial then due. Form 106 must be submitted via SD DLR web application.
Under the South Dakota Workers' Compensation Act, if you are unable to work following a job injury, you are entitled to payment of two thirds of your weekly income (not to exceed $500 per week) for up to four hundred weeks.
A workers' compensation claim must be filed within two years from the date the employer/insurer notifies the employee and the South Dakota Department of Labor, in writing, of the denial of a claim, in whole or in part.
A workers' compensation claim must be filed within two years from the date the employer/insurer notifies the employee and the South Dakota Department of Labor, in writing, of the denial of a claim, in whole or in part.
There is no law in South Dakota requiring any employer to carry workers' compensation insurance. However, it is highly recommended. An uninsured employer may be sued in civil court by an injured worker.
There is a seven-day waiting period before benefits can be paid. An injured worker's wage paid is 66 2/3%. The weekly payment minimum is $299, 50% of the state average weekly wage or the injured workers average wage if it is less. The weekly maximum is $597, 100% of the South Dakota state average weekly wage.