How to File a Workers' Compensation Claim in South Dakota
Reviewed by DocDraft Legal Team · South Dakota · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and disability benefits from the employer's insurer, without having to prove the employer was at fault. In South Dakota, the system is administered by the Division of Labor and Management within the Department of Labor and Regulation. Two deadlines are critical. You must notify your employer immediately and provide written notice of the injury within three business days of its occurrence (SDCL 62-7-10). Separately, if the insurer denies your claim, your right to compensation is forever barred unless you file a written petition for hearing with the Department within two years of the written denial (SDCL 62-7-35). Unlike some states, in South Dakota the employer files the First Report of Injury (Form 101) with its insurer after you report; you do not file a claim form yourself. The insurer then decides whether to accept, pay, or deny benefits. If a dispute arises, the Division of Labor and Management can mediate, and unresolved disputes go to a petition for hearing. Attorney review of your claim is available through DocDraft.
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How do I file a workers' compensation claim in South Dakota?
First, notify your employer immediately and give written notice of the injury within three business days (SDCL 62-7-10). Your employer then files a First Report of Injury with its insurer, which decides whether to pay benefits. If the insurer denies your claim, you file a petition for hearing with the Division of Labor and Management.
How long do I have to file a workers' compensation claim in South Dakota?
Two deadlines matter. You must give your employer written notice of the injury within three business days (SDCL 62-7-10). If the insurer later denies your claim, you have two years from the date of that written denial to file a petition for hearing (SDCL 62-7-35). Missing either can bar your benefits.
Who files the workers' compensation claim in South Dakota?
In South Dakota, the employer files the First Report of Injury (Form 101) with its insurer after you report the injury. You do not file a claim form yourself. If your employer refuses to file, you can contact the Division of Labor and Management, which can provide the forms and file directly with the insurer.
Who handles workers' compensation claims in South Dakota?
South Dakota's workers' compensation system is administered by the Division of Labor and Management within the Department of Labor and Regulation. Your employer's insurer decides whether to pay or deny benefits. If a dispute arises, the Division mediates, and unresolved disputes go to a petition for hearing before the Department.
South Dakota workers' compensation claim law at a glance
In South Dakota, workers' compensation gives an employee who is injured on the job medical care and disability benefits from the employer's insurer, regardless of fault. The system is run by the Division of Labor and Management within the Department of Labor and Regulation. You must notify your employer immediately and provide written notice of the injury within three business days of its occurrence (SDCL 62-7-10). Your employer then files a First Report of Injury (Form 101) with its insurer, which decides whether to pay benefits. If the insurer denies your claim, your right to compensation is forever barred unless you file a written petition for hearing with the Department within two years of that written denial (SDCL 62-7-35).
Filing a South Dakota workers' compensation claim after a shoulder injury
Suppose you injure your shoulder operating equipment at a Sioux Falls plant. You tell your supervisor the same day and give written notice within three business days, well inside the deadline (SDCL 62-7-10). Your employer files a First Report of Injury (Form 101) with its insurer, which begins paying for your medical care but later denies wage-replacement benefits, sending you written notice of the denial. You ask the Division of Labor and Management to mediate, but the dispute is not resolved. Because you must act within two years of the written denial (SDCL 62-7-35), you file a written petition for hearing with the Department. Attorney review of your claim is available through DocDraft.
Relevant Laws
SDCL 62-7-10 (written notice of injury to employer within three business days)
Requires an employee who claims compensation to notify the employer immediately, or as soon as practical, and to provide written notice of the injury no later than three business days after its occurrence. The notice must advise the employer of when, where, and how the injury occurred, and failure to give it can prohibit a claim unless an exception applies.
SDCL 62-7-35 (two-year limitation to file a petition after denial)
Provides that the right to compensation is forever barred unless a written petition for hearing is filed by the claimant with the Department within two years after the self-insurer or insurer notifies the claimant and the Department, in writing, that it intends to deny coverage in whole or in part.
SDCL 62-7-35.1 (three-year limit to claim additional compensation)
Provides that once benefits have been tendered, any claim for additional compensation is barred unless the claimant files a written petition for hearing with the Department within three years from the date of the last payment of benefits.
South Dakota Department of Labor and Regulation, Rights & Responsibilities of Employee
The Division of Labor and Management guide instructs injured workers to give the employer written notice within three business days, warns that failing to do so risks losing benefits, explains that the Division can file a claim if the employer refuses, and states that a worker has two years from a benefit denial to file a petition for hearing.
Regional Variances
South Dakota workers' compensation claim rules at a glance
Reporting deadline
Written notice of the injury to your employer no later than three business days after its occurrence, under SDCL 62-7-10. Failing to give timely notice can prohibit your claim unless an exception applies.
Who files the claim
The employer files the First Report of Injury (Form 101) with its insurer and the Division of Labor and Management. You do not file a claim form yourself. If the employer refuses, the Division can file for you at 605.773.3681.
Filing deadline
If the insurer denies your claim, you have two years from the date of the written denial to file a petition for hearing with the Department (SDCL 62-7-35), or your right to compensation is forever barred.
Who administers it
The Division of Labor and Management, within the South Dakota Department of Labor and Regulation. The Division mediates disputes and hears petitions filed under SDCL 62-7-12.
How disputes are filed
Either party may first ask the Division to mediate. If mediation fails or is declined, the worker files a written petition for hearing with the Department within the two-year window under SDCL 62-7-35.
Suggested Compliance Checklist
Give your employer written notice of the injury
Within three business days of the injury days after startingNotify your employer immediately and provide written notice within three business days of the injury's occurrence (SDCL 62-7-10). The Division of Labor and Management warns that failing to give timely notice risks losing your benefits, so do this at once and keep a dated copy.
Confirm the employer files the First Report of Injury
Right after you report the injury days after startingYour employer files a First Report of Injury (Form 101) with its insurer and the Division of Labor and Management. Confirm it was submitted. If your employer refuses, contact the Division at 605.773.3681, which can provide forms and file directly with the insurer.
Get medical care and keep records
Ongoing after the injury days after startingSeek treatment and tell your employer which medical practitioner you choose before treatment when possible. Keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the insurer later disputes benefits.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer has 20 days to investigate and may request 30 more, then decides to accept, pay, or deny your claim. Calendar any deadline it sets, keep proof of what you sent, and note the date of any written denial so you can protect the two-year window under SDCL 62-7-35.
Ask the Division to mediate a dispute
If the claim is disputed days after startingIf you and your employer disagree about the validity of your claim, ask the Division of Labor and Management to mediate. Mediation is usually a conference call with a division staff member and can resolve the dispute faster than a formal hearing.
File a petition for hearing if your claim is denied
Within two years of the written denial days after startingIf the insurer denies your claim and mediation does not resolve it, file a written petition for hearing with the Department within two years of the written denial (SDCL 62-7-35). File early to protect your rights. Attorney review of your claim is available through DocDraft.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Give your employer written notice of the injury | Notify your employer immediately and provide written notice within three business days of the injury's occurrence (SDCL 62-7-10). The Division of Labor and Management warns that failing to give timely notice risks losing your benefits, so do this at once and keep a dated copy. | - | Within three business days of the injury |
| Confirm the employer files the First Report of Injury | Your employer files a First Report of Injury (Form 101) with its insurer and the Division of Labor and Management. Confirm it was submitted. If your employer refuses, contact the Division at 605.773.3681, which can provide forms and file directly with the insurer. | - | Right after you report the injury |
| Get medical care and keep records | Seek treatment and tell your employer which medical practitioner you choose before treatment when possible. Keep every medical record, bill, and letter from the insurer. Documenting the diagnosis, treatment dates, and work restrictions supports your claim if the insurer later disputes benefits. | - | Ongoing after the injury |
| Track the insurer's decision and deadlines | The insurer has 20 days to investigate and may request 30 more, then decides to accept, pay, or deny your claim. Calendar any deadline it sets, keep proof of what you sent, and note the date of any written denial so you can protect the two-year window under SDCL 62-7-35. | - | While the claim is pending |
| Ask the Division to mediate a dispute | If you and your employer disagree about the validity of your claim, ask the Division of Labor and Management to mediate. Mediation is usually a conference call with a division staff member and can resolve the dispute faster than a formal hearing. | - | If the claim is disputed |
| File a petition for hearing if your claim is denied | If the insurer denies your claim and mediation does not resolve it, file a written petition for hearing with the Department within two years of the written denial (SDCL 62-7-35). File early to protect your rights. Attorney review of your claim is available through DocDraft. | - | Within two years of the written denial |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made sick by work, obtains medical care and disability benefits from the employer's insurer, without proving fault. In South Dakota, you start the process by reporting the injury to your employer, who files a First Report of Injury with its insurer.
Reporting means giving your employer written notice of the injury, which you must do within three business days (SDCL 62-7-10). In South Dakota your employer, not you, then files the First Report of Injury with its insurer. Your own formal filing, a petition for hearing, arises only if the claim is later denied.
You must provide written notice of the injury to your employer no later than three business days after it occurs (SDCL 62-7-10). The Division of Labor and Management warns that employees who fail to give timely written notice risk losing their workers' compensation benefits, so report right away.
If the insurer denies your claim in whole or in part, your right to compensation is forever barred unless you file a written petition for hearing with the Department within two years of that written denial (SDCL 62-7-35). Act well before the deadline to protect your claim.
Reporting late can prohibit your claim under SDCL 62-7-10. However, the claim may survive if your employer had actual knowledge of the injury, or if you gave written notice later and had good cause for the delay, which the law construes liberally in your favor.
If benefits have already been paid and you believe you are owed more, you must file a written petition for hearing with the Department within three years from the date of the last payment of benefits (SDCL 62-7-35.1). Missing this deadline bars the additional claim.
No. South Dakota workers' compensation is a no-fault insurance system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury arose out of and in the course of your employment. Benefits are set by statute.
First, you may ask the Division of Labor and Management to mediate the dispute. If mediation is unsuccessful or you decline it, file a written petition for hearing with the Department within two years of the written denial (SDCL 62-7-35). Attorney review of your case is available through DocDraft.
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