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South Dakota · Work site injury: what can I do?

Work site injury: what can I do?

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Filing deadline3 years (civil lawsuit); report to workers' comp within 3 days — one of the shortest in the USSouth Dakota Workers' Compensation, SDCL § 62-7-9

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in South Dakota?

South Dakota: 3 years from injury for civil lawsuits; workers' comp employer notice within 3 business days; petition for hearing within 2 years after the insurer's written denial A lawyer can confirm yours.

3 years (civil lawsuit); report to workers' comp within 3 days — one of the shortest in the US

Source: South Dakota Workers' Compensation, SDCL § 62-7-9

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

South Dakota construction workers have 3 years to file civil lawsuits — South Dakota applies pure comparative fault and federal OSHA governs; Sioux Falls is the primary construction market

South Dakota applies pure comparative fault. South Dakota has an extremely short 3-day workers' comp employer notice requirement — the shortest in the US. Injured South Dakota construction workers must report their injury to their employer within 3 days to preserve workers' comp rights. Federal OSHA governs South Dakota construction. Sioux Falls and Rapid City are the primary construction markets. SD Circuit Courts handle civil construction accident claims.

How this works nationally

For the overall process and updates, read the Work site injury: what can I do? overview. This page covers the local information available for South Dakota.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in South Dakota? Read what applies in your state.

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Sources

  1. South Dakota Workers' Compensation, SDCL § 62-7-9