South Dakota's Workers' Compensation Insurance Law
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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.

Workers' compensation insurance: Further reading

See Workers' Comp Laws Where You Live