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Workers' Compensation Summary - South Dakota

The South Dakota Department of Labor, Division of Labor and Management (DLM) is responsible for administering the state's workers' compensation system. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in South Dakota. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Division of Labor and Management, and is believed current as of January 2011.

In South Dakota, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011.

Type of Law and Insurance Requirements

In South Dakota, workers' compensation is compulsory, and some waivers are permitted. There is no state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Covers workers engaged commercially in the operation of threshing machines, grain combines, corn shellers, corn huskers, shredders, silage cutters, and seed hullers for profit.

Coverage of Domestic Employees

Covers any domestic worker employed more than 20 hours in any calendar week and for more than 6 weeks in any 13-week period.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $315 (50% of SAWW or worker's average wage, if less) and the maximum is $630, 100% of SAWW. The maximum period of payments is the duration of disability.

Benefits for Permanent Total Disability (PTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $315 (50% of SAWW or worker's average wage, if less) and the maximum is $630, 100% of SAWW. The maximum period of payments is the duration of disability. PTD benefits are offset by Social Security retirement to the extent that combined benefits received are greater than 150% of PTD benefits.

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3 for scheduled injuries and 50 for non-scheduled injuries. For weekly payments, the minimum is $315 or worker's average wage if less, and the maximum is $630, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is the duration of disability and there is no maximum payment amount.

Disfigurement Benefits

South Dakota laws provide compensation for permanent disfigurement, payable for a portion of 312 weeks which is represented by the percentage of permanent disfigurement that bears to the body as a whole.

Contact Information

Division of Labor and Management
Kneip Building
700 Governors Drive
Pierre, SD 57501-2291

Phone: (605) 773-3681
Fax: (605) 773-4211

Internet: http://dol.sd.gov/workerscomp/default.aspx

Additional Information

Workers' Compensation Rules are available online at:
http://dol.sd.gov/workerscomp/rulesfees.aspx

The text of the Workers' Compensation statutes may be found online in Title 62 of the South Dakota Codified Laws at:
http://dol.sd.gov/workerscomp/statutes.aspx

The Division of Labor and Management has prepared two sets of information about Worker's Compensation, one for employees and another for employers. These are available at:
(Employees): http://dol.sd.gov/workerscomp/employeerights_responsibilities.aspx
(Employers): http://dol.sd.gov/workerscomp/employerrights_responsibilities.aspx

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from the DLM website at:
http://dol.sd.gov/workerscomp/default.aspx
http://dol.sd.gov/workerscomp/rates.aspx

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