Free South Dakota workers comp calculator. Estimate TTD at 66.67% of AWW under SDCL 62, odd-lot doctrine, no mandatory insurance requirement, and DLR process.
This site is operated by Mustafa Bilgic, an individual based in Adiyaman, Turkiye. The operator is NOT a licensed attorney, NOT a law firm, and does NOT provide legal advice. This page is informational legal research compiled from public statutes, agency guidance, and legal-education sources. Always verify current law with the official state publisher and consult a licensed attorney in South Dakota.
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South Dakota workers compensation operates under SDCL Title 62 and is administered by the Department of Labor and Regulation. The TTD rate is 66 and two-thirds percent of average weekly wage. South Dakota has the most unusual feature among these ten states: there is no law requiring employers to carry workers compensation insurance. This is confirmed by the DLR, which states that coverage is voluntary for most employers.
| Rule | South Dakota (SD) |
|---|---|
| TTD rate | 66 2/3% of AWW |
| Maximum weekly cap | Based on SAWW (set by DLR annually) |
| Waiting period | 7-day waiting period; retroactive if disability exceeds 7 days |
| Notice to employer | 3 days written notice to employer (one of the shortest in the U.S.) |
| Filing deadline | 2 years to file a petition for hearing |
| System type | Administrative with no mandatory insurance requirement |
| Doctor choice | Employer selects treating physician initially |
| PPD / impairment | Scheduled losses by body part; PPD rated based on impairment and loss of earning capacity; education and retraining benefits available |
| Settlement approval | DLR mediation and ALJ approval for formal settlements |
| Unique rule | No law requiring employers to carry workers comp insurance; odd-lot doctrine for total disability; 3-day written notice (shortest notice period); $10,000 burial benefit |
| Governing statute | SDCL Title 62 (Workers Compensation) |
| Administering agency | Department of Labor and Regulation (DLR), Division of Labor and Management |
Check the South Dakota Department of Labor and Regulation (dlr.sd.gov) for the current SAWW and maximum weekly rate.
South Dakota also recognizes the odd-lot doctrine, which allows a partially disabled worker to be classified as totally disabled if they can show they are unable to obtain regular, steady employment. The state requires only 3 days of written notice to the employer — the shortest notice period among these ten states — but imposes a 7-day waiting period before benefits begin.
Enter your average weekly wage to estimate your South Dakota workers comp TTD benefit and PPD value. This calculator applies the 66 2/3% of AWW formula from SDCL Title 62 (Workers Compensation).
Based on SDCL Title 62 (Workers Compensation)
South Dakota is one of only a few states in the United States where workers compensation insurance is not mandatory for all employers. The DLR confirms that there is no law requiring employers to carry workers comp insurance. This means some South Dakota workers may discover after a workplace injury that their employer has no workers comp coverage.
When an employer does not carry insurance, the injured worker may need to pursue a common-law negligence claim against the employer, which requires proving fault — unlike workers comp, which is a no-fault system. This creates a significant practical gap for workers in uninsured workplaces.
Employers who do carry insurance must file a First Report of Injury within 7 days. Employers must report to the DLR, and the insurer handles benefit payments.
The odd-lot doctrine is South Dakota's other key distinguishing feature. Under this doctrine, recognized by South Dakota courts, a worker who is not medically totally disabled but who can demonstrate that they are unable to obtain regular, sustained employment in any well-known branch of the labor market may be classified as totally disabled for workers comp purposes.
The odd-lot analysis considers the worker's age, education, training, experience, and the nature of the injury. A 60-year-old former heavy-equipment operator with a severe back injury who has no education beyond high school and no transferable skills might qualify as an odd-lot worker even though their medical impairment rating indicates only partial disability.
South Dakota also provides up to $10,000 in burial expenses for workers killed on the job, plus weekly death benefits to surviving dependents.
South Dakota evaluates permanent partial disability using scheduled losses for specific body parts and earning-capacity analysis for unscheduled injuries. The state also provides education and retraining benefits for workers who cannot return to their pre-injury occupation.
PPD benefits are calculated at the two-thirds rate and are subject to the statutory maximum. The odd-lot doctrine can convert a PPD claim into a total disability claim if the worker meets the employability test, which substantially increases the total value of the claim.
South Dakota encourages mediation through the Division of Labor and Management. If mediation does not resolve the dispute, a formal hearing before an administrative law judge can be requested. Settlement agreements reached through mediation or negotiation are submitted for approval.
Because South Dakota does not require employers to carry insurance, settlement discussions may be more complex when the employer is self-insured or uninsured. Workers in these situations should consult a licensed attorney to understand their options.
No. South Dakota does not have a law requiring all employers to carry workers compensation insurance. This is confirmed by the Department of Labor and Regulation. Workers should verify whether their employer has coverage.
The odd-lot doctrine allows a worker who is not medically totally disabled to be classified as totally disabled if they can show they are unable to find regular, sustained employment due to age, education, training, experience, and the nature of their injury.
You must provide written notice to your employer within 3 days of the injury. This is one of the shortest notice periods in the United States. Failure to provide timely notice can jeopardize your claim.
No TTD benefits are paid for the first 7 days of disability. If your disability extends beyond 7 days total, benefits are paid retroactively for the waiting period. This means the waiting period is effectively eliminated for disabilities lasting more than one week.
Initially, the employer has the right to select the treating physician. If you want to change doctors, you may need to negotiate with the employer or insurer, or seek an order from the DLR.
South Dakota provides up to $10,000 in burial expenses for workers killed on the job. Surviving dependents also receive weekly death benefits calculated at 66 and two-thirds percent of the deceased worker's average weekly wage.
No. SettlementCalculator.xyz is operated by Mustafa Bilgic, a non-attorney individual operator. This page is educational research only. Consult a licensed attorney in South Dakota for advice about your specific claim.
If your employer does not carry workers compensation insurance, you may need to pursue a common-law negligence claim, which requires proving the employer was at fault for your injury. This is more difficult than a no-fault workers comp claim. Consult a licensed attorney immediately.