Statute of Limitations
South Dakota: 3 years from injury for civil lawsuits; workers' comp employer notice within 3 days; formal claim within 2 years
3 years (civil lawsuit); report to workers' comp within 3 days — one of the shortest in the US
Where to File in South Dakota
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.
Exposure in South Dakota
Source: South Dakota Workers' Compensation, SDCL § 62-7-9
Source: CPWR Construction Industry Data — South Dakota