South Dakota Workers Comp Guide
Most of the confusion around workers comp in South Dakota comes from not knowing what happens next. Here's the actual sequence, start to finish.
How to File a Claim in South Dakota
The first step is always notifying your employer, in writing if possible, as soon as reasonably practical after the injury.
- Report the injury to your employer as soon as possible
- Seek medical treatment and inform the provider it's work-related
- Your employer files a First Report of Injury with their insurer
- File your own claim within South Dakota's deadline — see below
- Cooperate with the insurer's investigation and any requested exams
Filing Deadline and Waiting Period
South Dakota's general filing deadline is 1 year from the date of injury, and there's a 7-day waiting period before wage-replacement benefits begin. See the full filing deadline guide for tolling rules and what happens if you miss it.
What Happens After You File
After filing, the waiting period applies before wage-replacement benefits begin, and the insurer will typically assign a claims adjuster to your case shortly after.
Do You Need an Attorney in South Dakota?
South Dakota attorneys work on contingency for workers comp cases, meaning there's no upfront cost to have one review your claim — worth doing even if you're not sure you need full representation. South Dakota caps attorney contingency fees at 25% maximum, up to 35% for cases requiring a court hearing.