Taking South Dakota workers' comp cases? Here's how the South Dakota system is set up, what the notice and filing rules say and how to screen callers, with a link to each source. Other states are on the workers' comp leads by state hub.
Who handles South Dakota workers' comp claims
South Dakota disputes are heard by the Department of Labor and Regulation on a written petition for hearing. The filing clock usually starts with the insurer's written denial, not the injury date, under SDCL 62-7-35.
South Dakota notice and filing rules
Written notice in 3 business days
SDCL 62-7-10 requires the employee to notify the employer immediately or as soon as practical, and in writing no later than three business days after the injury. A late notice can still work if the employer had actual knowledge, or the worker had good cause, which is construed liberally in the worker's favor.
Two years after denial, three after payment
62-7-35 bars the claim unless a petition is filed within two years after the insurer notifies the worker and the department in writing that it denies coverage. If benefits were paid, 62-7-35.1 allows three years from the last payment to claim more.
Rules change; the South Dakota Department of Labor and Regulation has the current versions.
What to ask a South Dakota injured worker
- When was the injury, and when did you tell your employer in writing?
- Did a supervisor know about it right away?
- Has the insurer sent a written denial? When?
- When was the last benefit payment?
Augment Leads in South Dakota
We run workers' comp campaigns nationwide and send South Dakota leads only to firms that choose South Dakota. The injured worker fills in the form, each lead goes to one firm and is never resold, and unqualified leads are replaced. Over 50 law firms work with us. See workers' comp leads.
Frequently asked questions
How long does a South Dakota worker have to give notice?
Under SDCL 62-7-10, written notice is due within three business days after the injury, unless the employer had actual knowledge or the worker had good cause. Confirm current rules with the South Dakota Department of Labor and Regulation.
How long does a South Dakota worker have to file a petition?
SDCL 62-7-35 allows two years after the insurer's written denial, and 62-7-35.1 allows three years from the last payment if benefits were paid. Confirm current rules with the South Dakota Department of Labor and Regulation.
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