What if my employer does not have insurance?

If your employer is required to carry workers' compensation insurance and fails to do so, they may face penalties and you may still be able to recover benefits through the state.

Do I need an attorney to file a claim?

While an attorney is not required, having legal representation can be especially helpful if your claim is disputed or involves complex medical issues.

What if I was partially at fault for my injury?

Workers' compensation is a no-fault system. In most cases, benefits are available regardless of who caused the accident [§ 62-1-1].

Topic guideUpdated 2026-02-27

Filing a Workers' Comp Claim in South Dakota — Steps & Deadlines

Q: How do I report a workplace injury?

You must notify your employer within 3 business days from date of injury (written notice to employer) [§ 62-7-10]. Written notice is recommended to create a clear record.

How to report a workplace injury, file a workers' compensation claim, and meet deadlines in South Dakota.

Filing a workers' compensation claim in South Dakota involves specific steps and deadlines that must be followed carefully §62-1-1.

Step 1: Report the Injury

You must report your workplace injury to your employer within 3 business days from date of injury (written notice to employer) §62-7-10. Written notice is always recommended even if verbal notice is given.

⚠Failure to give timely notice can be used by the employer or insurer as grounds to deny your claim.

Step 2: Get Medical Treatment

Employee has the initial selection of physician, surgeon, or hospital at the employer's expense §62-4-1. Make sure to:

Tell the doctor your injury is work-related

Follow the treatment plan completely

Keep copies of all medical records and bills

Report any work restrictions to your employer

Step 3: File the Formal Claim

You have 2 years from written notice by self-insurer or insurer of intent to deny coverage to file a formal claim §62-7-35. Disputes submitted to the Department of Labor; heard by an administrative law judge §62-7-12.

Step 4: Investigation and Response

After filing, the employer's insurer will investigate the claim. They may accept, partially accept, or deny the claim. If denied, you have the right to request a hearing.

What Happens at a Hearing?

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.

✓An experienced workers' compensation attorney can significantly improve your chances of a successful claim, especially if the claim is denied or disputed.

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.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating South Dakota attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions