Filing a South Dakota workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the South Dakota process in plain English, with the exact deadlines you cannot miss. All figures are from South Dakota sources, verified as of June 2026.
South Dakota at a Glance
| Report to employer | 3 business days (written notice of the injury to the employer; SDCL 62-7-10. No compensation is paid unless written notice is given within 3 business days unless the worker shows a reasonable excuse) |
| Deadline to file | 2 years. Under SDCL 62-7-35, a written petition for hearing must be filed with the Division within 2 years after the insurer/self-insurer notifies the claimant AND the Department, in writing, that it intends to deny coverage in whole or in part. The 2-year clock runs from that written denial notice, not from the date of injury. (Separately, SDCL 62-7-35.1 bars claims for ADDITIONAL compensation unless a petition is filed within 3 years from the date of the last payment of benefits.) |
| Where to file | South Dakota Department of Labor and Regulation, Division of Labor and Management. The injury is reported on the First Report of Injury (Form 101) via the online First Report of Injury Management System or a fillable PDF mailed to the Division. A disputed/denied claim is pursued by filing a Petition for Hearing with the Division of Labor and Management (Pierre, SD; 605-773-3681). |
| Choose your doctor? | The injured worker may choose the first medical practitioner they see (an emergency-room visit does not count as that choice). The worker should notify the employer of the chosen provider before treatment, or as soon as reasonably possible afterward. To CHANGE practitioners later, the worker generally must get written permission from the employer or the insurer. |
| Benefits start | There is a 7-consecutive-day waiting period. No temporary disability (wage-loss) benefits are paid for an injury that does not keep the worker off work for at least 7 consecutive days. Once the worker is disabled 7 or more consecutive days, temporary total disability benefits are computed from the date of injury at two-thirds (2/3) of the average weekly wage, up to the state maximum. |
In This South Dakota Guide:
Filing a Workers’ Comp Claim in South Dakota
Filing a South Dakota workers comp claim comes down to two deadlines and a few clear steps: report the injury to your employer, get medical care, and file with the state before the statute of limitations runs out. This guide walks through the South Dakota process in plain English, with the exact deadlines you cannot miss. All figures are from South Dakota sources, verified as of June 2026.
How to File a Workers’ Comp Claim in South Dakota
First steps: 1) Get medical care immediately (emergency care if needed). 2) Give the employer WRITTEN notice of the injury within 3 business days. 3) Tell the treating provider the injury is work-related.
4) Make sure a First Report of Injury (Form 101) is filed; if the employer refuses, the worker can contact the Division of Labor and Management at 605-773-3681 for the forms and to file directly with the employer’s insurer. 5) Keep copies of all forms, medical records, and wage information.
1) Worker reports injury in writing to employer within 3 business days. 2) Employer files the First Report of Injury (Form 101) with its insurer/the Division within 7 days of learning of the injury. 3) The insurer/self-insurer investigates and either accepts and pays benefits or issues a written denial to the worker and the Department.
4) If benefits are denied or disputed, the worker may request free mediation through the Division or file a Petition for Hearing with the Division of Labor and Management. 5) A hearing is held before the Department; a written decision is issued. 6) Either party may appeal. (Confirm specifics with the South Dakota Division of Labor and Management and a licensed attorney.)
Choosing a Doctor in South Dakota
The injured worker may choose the first medical practitioner they see (an emergency-room visit does not count as that choice). The worker should notify the employer of the chosen provider before treatment, or as soon as reasonably possible afterward. To CHANGE practitioners later, the worker generally must get written permission from the employer or the insurer.
What to Do If Your South Dakota Claim Is Denied
If the insurer denies or the parties disagree on benefits, the worker can use the Division’s free mediation, or file a Petition for Hearing with the South Dakota Department of Labor and Regulation, Division of Labor and Management. The Division holds a contested-case hearing and issues a written decision.
After the decision, any party may appeal to the Secretary of Labor and Regulation, and then to Circuit Court and ultimately the South Dakota Supreme Court.
Appeal deadline: 15 days. Within 15 days after receiving the Department’s decision, any party may appeal to the Secretary of Labor and Regulation. (The petition for hearing itself must be filed within 2 years of the written denial per SDCL 62-7-35.)
Was your claim denied? A denial is not the end of the road in South Dakota — many denials are overturned on appeal. A workers’ comp attorney can review your case, usually for a free consultation.
What Happens After You File in South Dakota
Once your claim is filed in South Dakota, the employer’s insurer reviews it and either accepts it, asks for more information, or denies it. If it is accepted, your medical treatment is covered and your wage benefits begin after the waiting period.
Keep copies of everything — the injury report, your medical records, and any letters from the insurer — because they are what protect your claim if there is ever a dispute.
Common Mistakes That Hurt a South Dakota Claim
The two most common ways injured workers in South Dakota lose benefits are missing a deadline and gaps in medical treatment. Report the injury in writing as soon as you can, see a doctor and follow the treatment plan, and do not assume a verbal mention to a supervisor counts as official notice.
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If anything about the process is unclear, your state workers’-comp board can walk you through the next step.
Other South Dakota claim rules: South Dakota’s filing statute of limitations is triggered by a WRITTEN denial, not the date of injury — the 2-year deadline to file a petition for hearing begins only after the insurer/self-insurer notifies both the worker and the Department in writing that it intends to deny coverage (SDCL 62-7-35); a partial denial only bars the denied portion.
The worker controls the choice of the first treating provider but needs employer/insurer written permission to switch providers. The Division of Labor and Management offers free mediation before a formal hearing. Many claimants should confirm exact deadlines and forms with the South Dakota Division of Labor and Management (605-773-3681) and a licensed attorney.
Filing Your South Dakota Workers Comp Claim the Right Way
A South Dakota workers comp claim stands or falls on two things: hitting the deadlines and documenting the injury. Report the injury to your employer within the state window, file the South Dakota workers comp claim with the right agency before the statute of limitations runs out, and keep seeing your doctor.
Most denied claims come down to a missed deadline or a thin medical record — get both right and your South Dakota workers comp claim is on solid ground.
Frequently Asked Questions
How long do I have to report a work injury in South Dakota?
In South Dakota, you generally must tell your employer within 3 business days (written notice of the injury to the employer; SDCL 62-7-10. No compensation is paid unless written notice is given within 3 business days unless the worker shows a reasonable excuse) of the injury. Report it in writing as soon as you can — waiting can put your benefits at risk.
How long do I have to file a workers’ comp claim in South Dakota?
The South Dakota statute of limitations to file is 2 years. Under SDCL 62-7-35, a written petition for hearing must be filed with the Division within 2 years after the insurer/self-insurer notifies the claimant AND the Department, in writing, that it intends to deny coverage in whole or in part. The 2-year clock runs from that written denial notice, not from the date of injury.
(Separately, SDCL 62-7-35.1 bars claims for ADDITIONAL compensation unless a petition is filed within 3 years from the date of the last payment of benefits.). Reporting the injury and filing the claim are two separate deadlines — do not rely on one to cover the other.
What if my South Dakota workers’ comp claim is denied?
If the insurer denies or the parties disagree on benefits, the worker can use the Division’s free mediation, or file a Petition for Hearing with the South Dakota Department of Labor and Regulation, Division of Labor and Management. The Division holds a contested-case hearing and issues a written decision.
After the decision, any party may appeal to the Secretary of Labor and Regulation, and then to Circuit Court and ultimately the South Dakota Supreme Court.
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/62-7-35.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This South Dakota workers comp claim guide was last verified against official sources in June 2026. Deadlines and procedures change — confirm the current rule with your state workers’-comp board or a licensed attorney.
More South Dakota Workers’ Comp Guides
- South Dakota Workers’ Comp Settlements
- 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.