Can I settle my workers' comp case?

Yes. South Dakota allows lump-sum and structured settlements for workers' compensation claims [§ 62-7-6; 62-7-5].

Can I reopen a settled claim?

Generally, once a settlement is approved, it is final and cannot be reopened [§ 62-7-6; 62-7-5]. Make sure you understand all terms before agreeing.

How is settlement value determined?

Settlement value depends on many factors specific to your case, including injury severity and your permanent impairment rating.

Should I accept the first settlement offer?

It is rarely advisable to accept the first offer without consulting an attorney. Initial offers are often lower than the fair value of the claim.

Topic guideUpdated 2026-02-27

South Dakota Workers' Comp Settlements & Hearings — What to Expect

How workers' compensation settlements and hearings work in South Dakota, including lump-sum agreements and appeals.

Many workers' compensation cases in South Dakota are resolved through settlements rather than hearings §62-7-6; §62-7-5.

Types of Settlements

South Dakota allows lump-sum settlements. Common settlement types include:

Lump-sum settlement — a one-time payment resolving all or part of your claim

Structured settlement — periodic payments over time

Partial settlement — resolving some issues while leaving others open

Settlement Approval

Lump-sum payment requires a petition to the Department of Labor and Regulation and a secretary's order on a showing that it is in the employee's best interests; a filed compensation agreement stands as approved unless the department disapproves it within twenty days §62-7-6; §62-7-5. The approval process ensures that the settlement is fair and that you understand what rights you are giving up.

⚠Once approved, a settlement is generally final and cannot be reopened. Make sure you fully understand the terms before agreeing.

The Hearing Process

If your case cannot be settled, it proceeds to a hearing:

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

What to Expect at a Hearing

Both sides present evidence including medical records and testimony

Witnesses may be called, including medical experts

The judge or hearing officer issues a written decision

Either party may appeal the decision

Appeals

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

Factors Affecting Settlement Value

	Impact on Value
Severity of Injury	More severe injuries command higher settlements
Permanent Impairment	Higher impairment ratings increase value
Future Medical Needs	Ongoing treatment needs increase settlement amounts
Lost Wages	Duration and extent of wage loss
Age and Occupation	Younger workers and higher earners may receive more

✓Never accept a settlement offer without consulting an attorney. The initial offer is often significantly lower than what your case is worth.

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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