The South Dakota workers compensation act — formally the South Dakota South Dakota Workers’ Compensation Law (SDCL Title 62, “Workers’ Compensation”), found at South Dakota Codified Laws (SDCL) Title 62, chapters 62-1 through 62-9 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the South Dakota workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
South Dakota at a Glance
| Official name | South Dakota Workers’ Compensation Law (SDCL Title 62, “Workers’ Compensation”) |
| Where it lives | South Dakota Codified Laws (SDCL) Title 62, chapters 62-1 through 62-9 |
| First enacted | 1917 |
| Reporting deadline | Give written notice to the employer within 3 business days of the injury (SDCL 62-7-10). Late notice may still be accepted if the employer had actual knowledge, or if the worker had good cause. Good cause is liberally construed in the worker’s favor. |
| Filing deadline | File a written petition for hearing with the Department within 2 years after the insurer or self-insurer denies coverage in writing (SDCL 62-7-35). If the denial is partial, the bar applies only to the denied part. |
| Exclusive remedy | Under SDCL 62-3-2, workers’ comp is the exclusive remedy against the employer. The main exception is an intentional tort: actual intent to injure, or conduct substantially certain to cause injury. Courts read this exception narrowly. |
In This South Dakota Guide:
What the South Dakota Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The South Dakota workers compensation act dates to 1917. It lives at South Dakota Codified Laws (SDCL) Title 62, chapters 62-1 through 62-9, and the official text is linked in the sources.
South Dakota does not legally require employers to carry workers’ comp insurance. An uninsured employer loses Title 62 protection and can be sued in civil court (SDCL 62-5-7, 62-3-11). The 3-business-day written notice deadline (SDCL 62-7-10) is one of the shortest in the country. The filing deadline runs from the insurer’s written denial, not from the injury date (SDCL 62-7-35).
Workers should confirm their situation with DLR and a licensed South Dakota attorney.
Who the South Dakota Workers Compensation Act Covers
SDCL 62-5-1 sets how an employer secures payment (an authorized insurer, or self-insurance under SDCL 62-5-5). Employer threshold: NONE. South Dakota DLR says no South Dakota law requires an employer to carry workers’ comp insurance. SDCL 62-3-15 excludes farm or agricultural laborers, work activity participants, and domestic servants.
Domestic servants are covered only if they work more than 20 hours in a calendar week for more than 6 weeks in any 13-week period. Exempt employers may opt into coverage voluntarily.
Deadlines in the South Dakota Workers Compensation Act
Waiting period: SDCL 62-4-2 sets a 7-consecutive-day waiting period. If the incapacity lasts 7 consecutive days, benefits are computed back to the date of injury.. Wage-loss rate: SDCL 62-4-3 pays 66 2/3 percent of the employee’s earnings. The maximum is 100 percent of the state average weekly wage and the minimum is one-half of that.
The state average weekly wage is set under SDCL 62-4-3.1 and DLR updates it every year. Confirm the current maximum on DLR’s Rates page..
South Dakota Workers Compensation Act: Key Sections at a Glance
The sections of the South Dakota workers compensation act that decide most cases, each with its citation:
| Coverage mandate | SDCL 62-5-1 sets how an employer secures payment (an authorized insurer, or self-insurance under SDCL 62-5-5). Employer threshold: NONE. South Dakota DLR says no South Dakota law requires an employer to carry workers’ comp insurance. |
| Exemptions | SDCL 62-3-15 excludes farm or agricultural laborers, work activity participants, and domestic servants. Domestic servants are covered only if they work more than 20 hours in a calendar week for more than 6 weeks in any 13-week period. Exempt employers may opt into coverage voluntarily. |
| Report an injury | Give written notice to the employer within 3 business days of the injury (SDCL 62-7-10). Late notice may still be accepted if the employer had actual knowledge, or if the worker had good cause. Good cause is liberally construed in the worker’s favor. |
| File a claim | File a written petition for hearing with the Department within 2 years after the insurer or self-insurer denies coverage in writing (SDCL 62-7-35). If the denial is partial, the bar applies only to the denied part. |
| Waiting period | SDCL 62-4-2 sets a 7-consecutive-day waiting period. If the incapacity lasts 7 consecutive days, benefits are computed back to the date of injury. |
| Wage-loss rate | SDCL 62-4-3 pays 66 2/3 percent of the employee’s earnings. The maximum is 100 percent of the state average weekly wage and the minimum is one-half of that. The state average weekly wage is set under SDCL 62-4-3.1 and DLR updates it every year. Confirm the current maximum on DLR’s Rates page. |
| Exclusive remedy | Under SDCL 62-3-2, workers’ comp is the exclusive remedy against the employer. The main exception is an intentional tort: actual intent to injure, or conduct substantially certain to cause injury. Courts read this exception narrowly. |
| Retaliation | SDCL 62-1-16 makes an employer civilly liable for wrongful discharge if it fires a worker in retaliation for filing a lawful workers’ comp claim. The employee carries the burden of proof. |
| Who hears disputes | SDCL 62-7-12: if the parties cannot agree, either side may request a hearing before the Department of Labor and Regulation, Division of Labor and Management. Under SDCL 62-7-12.1 the hearing officers must be licensed South Dakota attorneys. Appeals go to circuit court under SDCL 62-7-19. DLR cannot hold hearings against uninsured employers, so those claims go to circuit court. |
The Exclusive-Remedy Bargain in the South Dakota Workers Compensation Act
Under SDCL 62-3-2, workers’ comp is the exclusive remedy against the employer. The main exception is an intentional tort: actual intent to injure, or conduct substantially certain to cause injury. Courts read this exception narrowly.
Retaliation and Penalties Under the South Dakota Workers Compensation Act
SDCL 62-1-16 makes an employer civilly liable for wrongful discharge if it fires a worker in retaliation for filing a lawful workers’ comp claim. The employee carries the burden of proof. The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure.
SDCL 62-7-12: if the parties cannot agree, either side may request a hearing before the Department of Labor and Regulation, Division of Labor and Management. Under SDCL 62-7-12.1 the hearing officers must be licensed South Dakota attorneys. Appeals go to circuit court under SDCL 62-7-19. DLR cannot hold hearings against uninsured employers, so those claims go to circuit court.
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Recent Amendments to the South Dakota Workers Compensation Act
No amendment to the South Dakota workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
How to Read the South Dakota Workers Compensation Act
Statute pages are written for lawyers, so read the South Dakota workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the South Dakota workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the South Dakota claim guide turns these sections into steps and dates, and the South Dakota requirements guide covers the employer side.
Frequently Asked Questions
Where is the South Dakota workers compensation act in the code?
South Dakota Codified Laws (SDCL) Title 62, chapters 62-1 through 62-9. The sources below link to the official text.
How long do I have to report a work injury under the South Dakota act?
Give written notice to the employer within 3 business days of the injury (SDCL 62-7-10). Late notice may still be accepted if the employer had actual knowledge, or if the worker had good cause. Good cause is liberally construed in the worker’s favor.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the South Dakota workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official South Dakota Sources & Resources
- South Dakota South Dakota Department of Labor and Regulation (DLR), Division of Labor and Management: https://dlr.sd.gov/workers_compensation/
- South Dakota Workers’ Comp Statute: https://sdlegislature.gov/Statutes/62
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This South Dakota workers compensation act guide was last verified against official South Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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More South Dakota Workers’ Comp Guides
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- 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.