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How long do I have to file a workers' compensation claim? The South Dakota Workers' Compensation Act provides that you have one year from the date of your accident to file a Notice of Claim.
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.
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.
Independent contractor affidavit of exempt status--Rebuttable presumption. Any independent contractor who is not an employer or a general contractor and is not covered under a workers' compensation insurance policy may sign an affidavit of exempt status under the South Dakota Workers' Compensation Law.
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.