South Dakota moves fast at the start. You need to tell your employer in writing within 3 business days of getting hurt and weekends and holidays do not count toward those days. Put it on paper, date it and keep a copy.
The state is unusual in another way: no South Dakota law requires employers to carry workers comp. If your employer has no coverage, you may sue it in civil court instead of filing with an insurer.
What the weekly check looks like in South Dakota
The check is two-thirds of your average weekly wage. From July 1, 2026 to June 30, 2027, the cap is $1,152 a week. The floor is high, $576 a week, though you get less if your own average weekly wage is lower than that.
Timing has its own rule. You get no temporary checks unless you are off 7 days in a row. Once you reach that point, pay reaches back to the injury date, so the first week is not lost.
Our weekly check calculator turns your pay stubs into a rough number.
| Weekly check | two-thirds (66 2/3%) of your average weekly wage |
|---|---|
| Weekly cap, July 1, 2026 to June 30, 2027 | $1,152 |
| Weekly minimum, July 1, 2026 to June 30, 2027 | $576 (less if your own average weekly wage is lower) |
| Waiting period | no temporary checks unless you are off 7 days in a row; once you are, pay goes back to the injury date |
South Dakota time limits, in order
- Written notice to the employer: within 3 business days of the injury.
- The insurer's written denial: due within 20 days and the Department can extend that by up to 30 more days.
- Your Petition for Hearing after a denial: within two years after the insurer's written denial.
- An appeal of a final Department decision to circuit court: within 30 days after notice of that decision.
The notice you give your employer and the date on the denial letter drive everything else. Keep both in a safe place, along with every paper the insurer mails you.
If the insurer turns you down in South Dakota
The written denial starts a two-year clock. Inside that window you file a Petition for Hearing with the Department of Labor and Regulation. Before a hearing, either side can ask the Department for free mediation, where a neutral person helps both sides look for a deal.
Hold on to the denial letter, because its date sets your deadline. If the wording reads like a riddle, our letter explainer puts it in plain English.
Medical care works in your favor here: you make the first choice of doctor. After that, switching to someone else takes written permission.
How a South Dakota workers comp lawyer gets paid
The fee grows with how far the case goes. State law caps it at 25% of a disputed amount that settles, 30% after a hearing or a circuit court appeal and 35% after a win at the Supreme Court. The Department must sign off on the fee before it is paid. With that tiered setup, an early settlement carries the lowest percentage.
People also ask
My employer has no workers comp. Do I have any options?
Yes. South Dakota does not require coverage, but you may sue an uninsured employer in civil court.
Do I have to see the company doctor?
No. In South Dakota you make the first choice of doctor. To change doctors after that, you need written permission.
What is the phone number for the Division?
You can reach the Division of Labor and Management at 605-773-3681.