How much a South Dakota workers comp settlement is worth depends on three things: the body part injured, your impairment rating, and your weekly wage. Typical South Dakota settlements run Varies widely by body part, impairment rating, and wage — many South Dakota claims resolve roughly between 5000 and 75000, with severe injuries and permanent-total cases running substantially higher.
This is a general illustration, not an official South Dakota statistic; every case differs.. This guide lays out the South Dakota caps, the body-part schedule, and how the math works, in plain English. All figures are from South Dakota sources, verified as of June 2026.
South Dakota at a Glance
| Wage replacement | 66.67% (two-thirds of the average weekly wage) |
| Max weekly benefit | $1,108 |
| Min weekly benefit | $554 |
| Waiting period | 7 days |
| PPD method | Scheduled body-part weeks for listed members (SDCL 62-4-6); injuries to body parts NOT on the schedule (e.g., back, neck, shoulder) are paid as a percentage of the body-as-a-whole, capped at 312 weeks, based on the impairment rating. So it is a combination of a statutory scheduled-member system plus an impairment-rating × whole-body method for unscheduled parts. |
| Lawyer recommended | For serious injuries, denials, or any settlement offer |
In This South Dakota Guide:
How Much Is a Workers’ Comp Settlement in South Dakota?
How much a South Dakota workers comp settlement is worth depends on three things: the body part injured, your impairment rating, and your weekly wage. Typical South Dakota settlements run Varies widely by body part, impairment rating, and wage — many South Dakota claims resolve roughly between 5000 and 75000, with severe injuries and permanent-total cases running substantially higher.
This is a general illustration, not an official South Dakota statistic; every case differs.. This guide lays out the South Dakota caps, the body-part schedule, and how the math works, in plain English. All figures are from South Dakota sources, verified as of June 2026.
Want a quick estimate for your own injury?
South Dakota Body-Part Settlement Values
If your injury is a permanent loss to a specific body part, South Dakota assigns it a set number of weeks of benefits. Your payout is roughly those weeks multiplied by your impairment rating and your weekly comp rate. Here are the South Dakota figures:
| Body part (scheduled loss) | Statutory weeks of benefits |
| Arm | 200 weeks |
| Hand | 150 weeks |
| Leg | 160 weeks |
| Foot | 125 weeks |
| Eye | 150 weeks |
| Thumb | 50 weeks |
| Index Finger | 35 weeks |
| Hearing One Ear | 50 weeks |
Whole-body / maximum: up to 312 (body-as-a-whole maximum for unscheduled permanent partial disability under SDCL 62-4-6) weeks.
How South Dakota Calculates Your Payout
The weekly rate is two-thirds (66.67%) of the worker’s average weekly wage, which includes overtime hours paid at straight-time. It cannot exceed the state maximum (1108 effective July 1, 2025 – June 30, 2026) and is generally not less than the minimum of 554 (or the worker’s actual AWW if it is below 554).
Permanent disability: Scheduled body-part weeks for listed members (SDCL 62-4-6); injuries to body parts NOT on the schedule (e.g., back, neck, shoulder) are paid as a percentage of the body-as-a-whole, capped at 312 weeks, based on the impairment rating. So it is a combination of a statutory scheduled-member system plus an impairment-rating × whole-body method for unscheduled parts.
Offsets: Yes — for injuries on or after July 1, 1993, benefits are offset for Social Security retirement: the combined amount is capped so it does not exceed 150% of the TTD rate less the retirement benefit, and in no event do comp benefits exceed the TTD rate.
What Settlements Actually Run in South Dakota
Varies widely by body part, impairment rating, and wage — many South Dakota claims resolve roughly between 5000 and 75000, with severe injuries and permanent-total cases running substantially higher. This is a general illustration, not an official South Dakota statistic; every case differs. That said, no two cases are alike — the number that matters is the one your own injury, rating, and wage produce, not a statewide average.
What drives a South Dakota settlement: Body part injured and whether it is scheduled or unscheduled; the permanent impairment rating; the worker’s average weekly wage (which sets the weekly comp rate); future/ongoing medical care; and the worker’s ability to return to work or loss of earning capacity.
How Workers’ Comp Settlements Work in South Dakota
A South Dakota workers comp settlement usually has two parts: the wage benefits you are paid while you cannot work, and a lump sum for any permanent damage the injury leaves behind. The wage piece replaces a share of your average weekly wage, up to the state cap shown above.
The permanent piece is where most of the settlement value lives, and it depends on the body part, your impairment rating, and how the state values that loss.
Scheduled vs. Unscheduled Injuries in South Dakota
Most states, including how South Dakota handles many claims, divide permanent injuries into two buckets. A scheduled loss is a specific body part with a set number of weeks assigned to it, like an arm, hand, or leg. An unscheduled loss affects the body as a whole, like a back or a head injury, and is often worth more because it touches your overall ability to earn.
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Knowing which bucket your injury falls into is the first step to understanding what your case may be worth.
Other South Dakota settlement rules: South Dakota has NO automatic cost-of-living/annual escalation on a worker’s own ongoing benefit once set; the max/min figures above are set by the state and change each July 1. Scheduled-member awards under 62-4-6 are exclusive — a worker paid under the schedule cannot also collect under other PPD provisions for the same loss.
Partial loss of use is paid proportionally (e.g., a 50% loss of a hand = 75 of the 150 scheduled weeks). The 7-day waiting period is paid back to the date of injury only once disability lasts at least 7 consecutive days. Always confirm current figures and your specific eligibility with the South Dakota Division of Labor and Management and a licensed attorney.
Understanding Your South Dakota Workers Comp Settlement
The size of a South Dakota workers comp settlement is not random — it follows the state’s own formula. Your average weekly wage sets your benefit rate, the body part and impairment rating set the number of weeks, and the state cap sets the ceiling. Put together, those pieces are what a South Dakota workers comp settlement is built from.
If any part of your South Dakota workers comp settlement is unclear, the calculator below gives a quick estimate and your state board can confirm the current caps and the body-part schedule.
Got a settlement offer? Before you accept, it helps to know what your South Dakota case may really be worth. An attorney can review the offer, often at no upfront cost.
Frequently Asked Questions
How much is a workers’ comp settlement in South Dakota?
There is no single average — a South Dakota settlement depends on the body part, your impairment rating, and your wage. Typical ranges run Varies widely by body part, impairment rating, and wage — many South Dakota claims resolve roughly between 5000 and 75000, with severe injuries and permanent-total cases running substantially higher. This is a general illustration, not an official South Dakota statistic; every case differs..
Use the calculator on this page for an estimate, and remember every case is different.
How is a South Dakota workers’ comp settlement calculated?
South Dakota generally pays a share of your average weekly wage (capped at $1108/week), then adds a permanent-disability amount based on the body part and your impairment rating. The state’s body-part schedule sets the number of weeks.
Do I need a lawyer to settle my South Dakota workers’ comp case?
Not always, but for a serious injury, a denied claim, or a settlement offer you are unsure about, many claimants talk to a workers’ comp attorney first — the consultation is usually free and represented claimants often recover more.
Official South Dakota Sources & Resources
- South Dakota South Dakota Department of Labor and Regulation, Division of Labor and Management: https://dlr.sd.gov/workers_compensation/default.aspx
- South Dakota Workers’ Comp Statute: https://sdlegislature.gov/Statutes/62-4-6
- U.S. Department of Labor — Workers’ Comp: dol.gov
- NCCI (rating/benefit data): ncci.com
These South Dakota workers comp settlement figures were last verified against official sources in June 2026. State benefit caps change every year — confirm the current figure with your state workers’-comp board or a licensed attorney before you rely on it.
More South Dakota Workers’ Comp Guides
- How to File a South Dakota Workers’ Comp Claim
- South Dakota Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.