Workers' Compensation Laws in South Dakota
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.