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South Dakota Compensation Laws

Workers compensation law, rules and policy information for the State of South Dakota

State:  South Dakota

Updated:  01-10-2017

Authority/State Rating Bureau:  NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362

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

Small Deductible Program:
  • Allowed:  Yes - However it is optional that insurance carriers make available
  • Deductible Range:  $500 - $2,500
  • Type:  Medical and Indemnity
  • Effect on Experience Rating:  Gross and Net
  • Available In:  Voluntary and Residual Market
  • For More Information About How Deductible Programs Work

Sole Proprietor:  Excluded from coverage/may elect to be included - If included sole proprietor payroll will be set at $33,200 for rating purposes as of 7-1-11, $33,600 as of 7-1-2012, $34,700 as of 7-1-2013. $35,900 as of 7-1-2014. $36,700 as of 7-1-2015. $38,100 as of 7-1-2016.

Partners:  Excluded from coverage/may elect to be included - If included partner payroll will be set at $33,200 for rating purposes as of 7-1-11, $33,600 as of 7-1-2012, $34,700 as of 7-1-2014. $35,900 as of 7-1-2014. $36,700 as of 7-1-2015. $38,100 as of 7-1-2016.

Corporate Officers:  Included in coverage/may elect to be exempt - If included the coporate officer rating payroll is banded between a minimum of $33,800 and a maximum of $135,200 as of 7-1-11, $33,800 / $140,400 as of 7-1-2013. $36,400 / $145,600 as of 7-1-2014. $36,400 / $145,600 as of 7-1-2015. $750 min / $2,900 max per week as of 7-1-2016.

LLC Members:  Included in coverage/may elect to be exempt - LLC Members are treated as corporate officers.

Election or Rejection of Coverage Forms:  These forms are not readily available on the South Dakota workers compensation website. Contact the Division of Labor and Management for more information regarding forms used or required for exclusion and inclusion for this state.

A Note About Forms:  Also, be sure to contact your insurance company for information about additional forms they may use for exclusion or inclusion of coverage.


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

Experience Rating Eligibility:  Employers in South Dakota will receive an experience modification rate or EMR when they meet one of these triggers:
  • $7,500 in policy premium is generated during the last year or last two years.
  • $3,750 is the average policy premium generated for more than two years.

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

Division of Insurance
Department of Commerce
445 E Capital Dr
Pierre, SD 57501
Phone: (605) 773-3563
Fax: (605) 773-5369

Workers Compensation Statute: 

South Dakota Workers Compensation Statute

Didn't find what you're looking for? Search here for more about South Dakota rules: 

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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.

Contact Us:
Voice: (573) 489-8323
Fax: (573) 447-4998
email: [email protected]

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