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South Dakota Workers Compensation Laws
Workers compensation policy information for the State of South Dakota
- State: South Dakota
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
- Compulsory: Yes
- Private Insurance: Allowed
- Self-Insurance: Allowed
- State Fund: No state fund
- Assigned Risk: Is administered by NCCI Holdings.
- Numerical Exceptions: None
- Individual Waivers Allowed: Yes, limited
- Sole Proprietor: Excluded from coverage/may elect to be included - If included sole proprietor payroll will be set at $47,400 for rating purposes as of 7-1-10.
- Partners: Excluded from coverage/may elect to be included - If included partner payroll will be set at $47,400 for rating purposes as of 7-1-10.
- Corporate Officers: Included in coverage/may elect to be exempt - If included the coporate officer rating payroll is banded between a minimum of $15,600 and a maximum of $135,200 as of 7-1-10.
- LLC Members: Included in coverage/may elect to be exempt - LLC Members are treated as corporate officers.
- Contractors:
- Special Notes: The South Dakota Worker's Compensation Law covers all employers with only limited exceptions. Exceptions are:
- Domestic servants (unless working for an employer more than 20 hours in any calendar week and for more than six weeks in any 13-week period)
- Farm or agricultural labor
- One whose employment is not in the usual course of trade, business, occupation or profession of the employer (independent contractors, including real estate agents and owner-operators of trucks certified as independent contractors by the Department of Labor)
- Certain elected officials of the state or any subdivision of government Workfare participants
- South Dakota Workers Compensation Subrogation: South Dakota statutes 62-4-38,39 and 40 all deal with subrogation. These individual sections address subrogation of workers compensation for this state. Section 38 is known as; Right of action when third person is liable. Section 39 is known as; Compensation paid by employer--Reimbursement from damages recovered from third party. Section 40 is known as; Recovery by employer from third party--Excess held for employee. We've provided the below links for your use as direct access to each of these sections.
South Dakota Statute Of Subrogation 62-4-38
South Dakota Statute Of Subrogation 62-4-39
South Dakota Statute Of Subrogation 62-4-40
- Regulated By:
- Division of Labor and Management
- Kneip Building
- 700 Governors Drive
- Pierre, SD 57501-2291
- Phone: (605) 773-3681
- Fax: (605) 773-4211
- http://dlr.sd.gov/workerscomp/default.aspx
- Division of Insurance
- Department of Commerce
- 445 E Capital Dr
- Pierre, SD 57501
- Phone: (605) 773-3563
- Fax: (605) 773-5369
- http://www.state.sd.us/drr2/reg/insurance/index.html
- Workers Compensation Statute:
- http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=62&Type=Statute
- Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
- Authority/Rating Bureau: NCCI, National Council on Compensation Insurance
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Voice: (931) 292-2633
Fax: (573) 447-4998
email: rks@workcompconsultant.com
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