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South Dakota Workers Compensation Benefits

Workers compensation employee benefit information for the State of South Dakota

South Dakota Workers Compensation Medical Benefits -

  • Medical benefits for injured South Dakota workers are paid without regard to length of disability or amount of cost.

Who Chooses the Physician for Injured Workers in South Dakota -

  • An injured South Dakota worker has the right to choose their own doctor, but must notify their employer of the choice prior to treatment (or as soon as reasonably possible after treatment). Emergency room treatment does not count as a choice. If the worker wants to change doctors, they must get written permission from their employer or the insurer. If the worker wants a second opinion, they must pay the cost of the second opinion. The employer and the insurer also have the right to a second opinion with the doctor of their choice at their expense.

South Dakota Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • There is a seven-day waiting period before benefits can be paid.
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $299, 50% of the state average weekly wage or the injured workers average wage if it is less.
    • The weekly maximum is $597, 100% of the South Dakota state average weekly wage.
    • Maximum period of payments is the length of the disability.
    • Note:
      • Current South Dakota state average weekly wage is: $597.

  • Permanent Total Disability (PTD) Benefits:
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $299, 50% of the state average weekly wage or the injured workers average wage if it is less.
    • The weekly maximum is $597, 100% of the South Dakota state average weekly wage.
    • Maximum period of payments is the length of the disability.
    • Note:
      • Benefits contemplate Social Security retirement in that combined payments an injured worker receives are more than 150% of the PTD benefits.

  • Permanent Partial Disability (PPD) Benefits:
    • An injured worker's wage paid is 66 2/3%.
    • The weekly payment minimum is $299 or the injured workers average wage if it is less.
    • The weekly maximum is $597, 100% of the South Dakota state average weekly wage.
    • Note:
      • Non-scheduled injuries have a maximum period of payments is for the length of the disability.
      • Non-scheduled injuries maximum payment amount is not limited.


South Dakota Workers Death/Dependency Benefits -

  • If a work-related injury causes death, compensation is payable for life to the spouse at the rate of 66.67 percent of the workers average weekly wage (excluding overtime earnings). If the spouse remarries, a lump sum equal to two years of compensation will be paid. If there are eligible surviving children, the compensation becomes payable to them two years after the date of remarriage.
  • If the only survivors are children, the child (or children) will receive compensation at the rate of 66.67 percent of the workers average weekly wage until age 18 (or age 22 if a full-time student). If a child is physically or mentally incapable of self-support, benefits will be paid for the life of the child.
  • An additional $50 per month will be paid to each legally dependent child until that child reaches the age of 18 years. Dependents are each also entitled to $2,000 a year for up to five years if they are enrolled full-time at an accredited post-secondary educational institution in South Dakota.
  • Workers' Compensation also provides up to $5,000 in burial expenses, plus the cost of transporting the body if death occurs outside the community where burial is to take place.


South Dakota workers Compensation Attorney Fees -

  • South Dakota Attorney fees are allowed but limited to 25% for settlements, 30% for lower court cases, 35% for State Supreme Court cases and by statute.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://dol.sd.gov/workerscomp/employeerights_responsibilities.aspx



Important Notice Please Read: All 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.


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