SOUTH DAKOTA WORKERS' COMPENSATION LAW REVIEW
In South Dakota, there are no numerical exceptions for compulsory Workers' Compensation Insurance. All employers must carry adequate insurance coverage. To be eligible for self- insurance, employers must submit certain documents to prove that they are financially capable of meeting the compensation requirements.
SD Workers' Comp: Key Details
- Sole proprietors and partners in South Dakota are typically excluded from Workers' Comp policies, but they can elect to cover themselves if they wish.
- The only exceptions to South Dakota's compulsory Workers' Compensation coverage 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 laborers.
- Employment that is not in the usual course of trade, business, occupation, or profession of the employer (e.g., independent contractors). This includes real estate agents and owner-operators of trucks certified as independent contractors by the Department of Labor.
- Certain elected officials of the state.
- Any subdivision of government Workfare participants.
- There is no state fund for South Dakota. Insurance must be provided by self-insurance or purchased through a commercial insurance carrier.
Still have questions about Workers' Comp in South Dakota? Visit the state's Department of Labor and Regulation.