How much does workers' comp pay in South Dakota?
- South Dakota temporary total pays 66⅔% of earnings, up to $1,152 a week for injuries July 1, 2026 – June 30, 2027 ($1,108 for July 2025 – June 2026).
- The published minimum is $576 ($554), but low earners cannot receive more than their after-tax earnings.
- At $1,200 AWW the rate is $800.
Official-source review: . General guidance, not legal advice.
Calculate South Dakota ordinary total-disability pay
Estimated weekly TTD
$800.00
Assumes full temporary disability and a correct AWW. Does not establish eligibility, apply waiting periods or offsets, or model partial disability.
South Dakota permanent-award rules: what actually drives the payout
- South Dakota permanent partial disability = impairment % × scheduled weeks × the compensation rate (66⅔% of earnings within the same weekly maximum as TTD).
- Schedule: arm 200 weeks, hand 150, leg 160, foot 125, eye 150.
- Back and other unscheduled injuries use whole-body % × 312 weeks.
- A 10% arm rating at $1,200 AWW is 20 weeks × $800 = $16,000; a 10% whole-body rating is $24,960.
Medical impairment, legal disability and loss of earning capacity are different measurements. Use the established award category and applicable rate before doing dollar arithmetic. Do not borrow a rating from Social Security, the VA or another state.
| Award basis | Full-loss / full-person weeks |
|---|---|
| Body as a whole / back (312 weeks) | 312 |
| Arm | 200 |
| Hand | 150 |
| Leg | 160 |
| Foot | 125 |
| Eye | 150 |
How to evaluate a South Dakota settlement
- A South Dakota compensation agreement is filed with the Department of Labor and Regulation and is deemed approved unless disapproved within 20 days.
- A lump-sum commutation requires department action.
- Whether a given agreement closes future medical was not verified; read its terms.
- Check the wage worksheet, award classification, rating evidence and unpaid benefits.
- Identify exactly which medical conditions, future treatment and wage-loss rights are released.
- Separate gross value from prior payments, approved fees, liens and other adjustments.
- Review Medicare and Social Security coordination when relevant; a medical allocation is not an automatic settlement multiplier.
South Dakota workers' compensation rates by injury date
Dated rate history from official South Dakota sources, reviewed . Looking for employer premiums? See workers' comp insurance cost by state.
| Injury period | Weekly maximum | Minimum basis |
|---|---|---|
| July 1, 2026 – June 30, 2027 | $1,152.00 | $576.00; no more than actual wages |
| July 1, 2025 – June 30, 2026 | $1,108.00 | $554.00; no more than actual wages |
| July 1, 2024 – June 30, 2025 | $1,066.00 | $533.00; no more than actual wages |
South Dakota PPD uses the same weekly maximum as TTD. The published minimum cannot exceed a low earner's after-tax earnings.
Reporting, filing and official sources
- Give your employer written notice within three business days; actual employer knowledge or good cause can excuse a late notice.
- After a written denial, file a petition within two years.
- Claims for additional compensation are generally due within three years of the last payment.
South Dakota benefit questions
How much does workers' comp pay in South Dakota?+
South Dakota temporary total pays 66⅔% of earnings, up to $1,152 a week for injuries July 1, 2026 – June 30, 2027 ($1,108 for July 2025 – June 2026). The published minimum is $576 ($554), but low earners cannot receive more than their after-tax earnings. At $1,200 AWW the rate is $800.
How do permanent disability benefits work in South Dakota?+
South Dakota permanent partial disability = impairment % × scheduled weeks × the compensation rate (66⅔% of earnings within the same weekly maximum as TTD). Schedule: arm 200 weeks, hand 150, leg 160, foot 125, eye 150. Back and other unscheduled injuries use whole-body % × 312 weeks. A 10% arm rating at $1,200 AWW is 20 weeks × $800 = $16,000; a 10% whole-body rating is $24,960.
Can a South Dakota settlement close future medical care?+
A South Dakota compensation agreement is filed with the Department of Labor and Regulation and is deemed approved unless disapproved within 20 days. A lump-sum commutation requires department action. Whether a given agreement closes future medical was not verified; read its terms.
What are the reporting and filing deadlines in South Dakota?+
Give your employer written notice within three business days; actual employer knowledge or good cause can excuse a late notice. After a written denial, file a petition within two years. Claims for additional compensation are generally due within three years of the last payment.
Can I choose my own doctor in South Dakota?+
Yes, you initially choose your practitioner; emergency-room care does not count as that choice. Changing doctors later requires written permission from the employer or insurer.
Who pays for a South Dakota second opinion?+
A second opinion you request is ordinarily at your own expense.
How quickly must I report a South Dakota injury?+
In writing within three business days, one of the shortest notice periods in the country. Employer knowledge or good cause can excuse late notice.
Does surgery guarantee a larger South Dakota settlement?+
No. Surgery can change treatment costs, restrictions and medical evidence, but there is no automatic surgery multiplier. Permanent disability must be established under the applicable rules. Compare the benefits released and future care needs, not just the procedure name.
Are South Dakota workers' comp benefits taxable?+
Benefits paid under a workers' compensation law for an occupational injury or illness are generally excluded from federal income tax. Returned-to-work wages, retirement payments and Social Security offsets can have different tax treatment. Review IRS Publication 525 and seek tax advice for the agreement's allocations.
Can I receive pain and suffering through South Dakota workers' comp?+
Workers' compensation generally does not award pain and suffering. A separate claim against a responsible third party may allow different damages, but employer immunity and reimbursement rights need separate legal review.
When should I compare a South Dakota settlement offer?+
Compare an offer after understanding the wage calculation, medical condition, permanent-award category, unpaid benefits and rights released. There is no guaranteed settlement timeline. A bigger lump sum may be worse if it transfers expensive future treatment to you.
Where can I verify my South Dakota benefit rate?+
Use the official agency resources linked on this page and the written rate calculation in your claim. Injury date, benefit category, wage records and applicable limits matter. An entered rate is not independently verified by this calculator.
These calculations are estimates based on your inputs and general workers' compensation formulas. Actual benefits depend on state law, your specific injury, employer insurance carrier, and other factors. This is not legal advice. Consult a licensed workers' compensation attorney for guidance specific to your claim.