Workers' Compensation: South Dakota

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole H. Farley, Fisher Phillips.

Summary

• All employers that are covered by the South Dakota Workers' Compensation Law are required to post a specific notice in the workplace. See Notice Requirements.
• All employers are required to carry workers' compensation insurance or to be self-insured. See Covered Employers.
• All employees are covered by workers' compensation, with some exceptions. See Covered Employees.
• Workers' compensation insurance covers all injuries and occupational illnesses that arise from and occur in the course and scope of employment. See Compensable Injuries.
• Employers may not be liable for certain injuries incurred under specific circumstances. See Employer Defenses to Workers' Compensation Claims.
• Injured employees are entitled to reasonable and necessary work-related medical care. See Medical Benefits.
• Workers' compensation pays for partial wage replacement and other benefits, in addition to medical benefits. See Other Benefits.
• An insurer or a self-insured employer is not required to cover or reimburse costs associated with the medical use of cannabis. See Medical Cannabis.
• Employers may not retaliate against employees who file workers' compensation claims. See Retaliation and Interference.
• South Dakota law provides for a system to resolve disputed claims. See Claims Procedure.