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Does South Dakota Require Workers’ Compensation?

south dakota workers compensation Unlike many states, South Dakota doesn’t require workers’ compensation insurance, also known as workers’ comp insurance.1 However, it is recommended that business owners carry this coverage. That’s because South Dakota workers’ compensation insurance helps your employees recover from work-related injuries or illnesses. This insurance gives your employees benefits, which can help:
  • Pay for medical expenses
  • Cover ongoing care expenses, like physical therapy
  • Replace lost wages if they miss work
Without workers’ compensation insurance, your business would be financially responsible for employee injuries or illnesses from their work.
You can get workers’ compensation insurance from private insurance carriers or through an insurance agent.

South Dakota (SD) Workers’ Compensation Coverage

Who Does Workers’ Compensation Cover in South Dakota?

sd workers compensation SD workers’ compensation covers employees in the state who get hurt or sick from their job. However, there are a few exceptions to coverage in the state. For example, state law says workers’ compensation insurance doesn’t apply to:2
  • Farm or agricultural laborers
  • Domestic servants working less than 20 hours a week or less than six weeks in a 13-week period
  • Independent contractors

What Does Workers’ Comp Cover in South Dakota?

South Dakota workers’ compensation can help your employees with:
  • Work-related injuries, like if an employee falls off a ladder in your warehouse while reaching for something on a shelf
  • Repetitive stress injuries that develop over time, like carpal tunnel syndrome
  • Work-related illnesses caused from their work environment

What Are the 5 Types of Workers’ Compensation Benefits in South Dakota?

The five types of workers’ compensation benefits that employees in South Dakota can receive are:3
  1. Medical benefits to help pay for costs to treat a work-related injury or illness
  2. Temporary disability payments if a work-related injury or illness causes a temporary disability
  3. Permanent disability payments if an injury or illness from work permanently disables an employee and they can’t work
  4. Rehab and retraining if an employee can’t return to their usual role because of their injury or illness
  5. Death benefits that can help pay for funeral costs if an employee loses their life in a work accident

How Does Workmans’ Comp Work in South Dakota?

If one of your employees gets hurt on the job or sick from their work, they should follow these steps for filing a workers’ compensation claim:4
  • Get medical care immediately
  • Report the injury to you in writing as soon as possible
  • Keep you updated on their condition
After you’re notified of an injury or illness, you have seven days to file a report of the injured worker to your insurance company.5 You can find a form to file on the South Dakota Department of Labor & Regulation’s website.

South Dakota Workers’ Compensation Claims

south dakota workers compensation insurance Visit our workers’ comp claims page to file a workers’ compensation claim.

Get a Quote for Workers’ Compensation in South Dakota Today

We know workers’ comp coverage can be hard to understand. Our specialists are here to help make sure your South Dakota business gets the coverage it needs. Get a workers’ compensation insurance quote today and see how we can help protect your employees and keep them safe.
Last Updated: July 28, 2022
1 South Dakota Department of Labor and Regulation, “Workers’ Compensation”
2,3,4,5 South Dakota Department of Labor and Regulation, “An Employee’s Guide to the South Dakota Workers’ Compensation System”
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