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What Must S.D. Employers do to Report an Injury?

02 May, 2025 Frank Ferreri

                               
HR Homeroom

If you're in employer in South Dakota and a worker got hurt on the job, what would you do first after getting medical treatment for the worker? As Simply Research subscribers know, the state has rules that require reporting of injuries, and we highlight those rules here.

The Rule

An employer who has knowledge of an injury that requires medical treatment other than minor first aid or that incapacitates the employee for seven or more calendar days shall file a written report with:

(1) The Department of Labor and Regulation when the employer is self-insured; or

(2) The employer's insurer when the employer has insured the liability.

The report shall be filed within seven calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury, unless the employer had good cause for failing to file the written report within the seven-day period. The report shall be made on a form approved by the Department of Labor and Regulation.

The Consequences

Any employer who fails to file a report is guilty of a Class 2 misdemeanor and is subject to an administrative fine of $100 payable to the Department of Labor and Regulation.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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