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Workers' Compensation: South Dakota

Workers' Compensation requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole H. Farley, Fisher Phillips.

Summary

  • All employers that are covered by the South Dakota Workers' Compensation Law are required to post a specific notice in the workplace. See Notice Requirements.
  • All employers are required to carry workers' compensation insurance or to be self-insured. See Covered Employers.
  • All employees are covered by workers' compensation, with some exceptions. See Covered Employees.
  • Workers' compensation insurance covers all injuries and occupational illnesses that arise from and occur in the course and scope of employment. See Compensable Injuries.
  • Employers may not be liable for certain injuries incurred under specific circumstances. See Employer Defenses to Workers' Compensation Claims.
  • Injured employees are entitled to reasonable and necessary work-related medical care. See Medical Benefits.
  • Workers' compensation pays for partial wage replacement and other benefits, in addition to medical benefits. See Other Benefits.
  • An insurer or a self-insured employer is not required to cover or reimburse costs associated with the medical use of cannabis. See Medical Cannabis.
  • Employers may not retaliate against employees who file workers' compensation claims. See Retaliation and Interference.
  • South Dakota law provides for a system to resolve disputed claims. See Claims Procedure.