Why was my claim denied?

Common reasons include late notice to employer, disputes over whether the injury is work-related, pre-existing condition arguments, and missed deadlines [§ 62-7-35].

Can I appeal a denial?

Yes. Disputes submitted to the Department of Labor; heard by an administrative law judge [§ 62-7-12]. Appeal to the circuit court, then to the South Dakota Supreme Court.

How long does the appeal process take?

Timelines vary by case complexity and hearing office backlog. Appeals to higher courts can take longer.

Should I get an attorney for a denied claim?

Strongly recommended. Denied claims involve complex medical and legal issues, and an experienced attorney can navigate the dispute resolution process effectively.

Topic guideUpdated 2026-02-27

Denied Workers' Comp Claims in South Dakota — Your Options

What to do when your South Dakota workers' compensation claim is denied, including dispute resolution and appeals.

Having your workers' compensation claim denied does not mean you have no options. In South Dakota, you have the right to challenge a denial §62-7-12.

Common Reasons for Denial

Claims are frequently denied for these reasons:

Late notice to employer (must be within 3 business days from date of injury (written notice to employer)) §62-7-10

Dispute over whether the injury is work-related

Pre-existing condition arguments

Missed medical appointments or non-compliance with treatment

Filing deadline expired (2 years from written notice by self-insurer or insurer of intent to deny coverage) §62-7-35

The Dispute Resolution Process

Disputes submitted to the Department of Labor; heard by an administrative law judge §62-7-12.

Appeals

Appeal to the circuit court, then to the South Dakota Supreme Court.

Independent Medical Examination (IME)

Either party may obtain an independent medical examination; IME expenses paid by requesting party §62-4-1. The IME results can significantly impact your claim.

⚠If the insurer requests an IME, you must attend. Failure to appear can result in suspension of benefits.

✓Before attending an IME arranged by the insurer, consult with an attorney. You have the right to have your own medical evidence reviewed and considered.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

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Common Questions