Workers comp rates and rules in South Dakota
South Dakota has 0 workers comp class codes with filed rates, a maximum weekly benefit of $990 (66.67% of average weekly wage), and a statute of limitations of 2 years. Verified 2026-05-08.
Class code rate comparison
The top 0 workers comp class codes filed in South Dakota, sorted from cheapest to most expensive per $100 of payroll. Cross-state percentile shows where each code sits versus the same code in other states.
| State | Occupation | Code | Rate per $100 | vs peers | Source |
|---|
Bottom quartile (cheap) Mid Top quartile (expensive) This state
South Dakota coverage rules & benefits
Coverage threshold
Employers with one or more employees are generally required to carry workers' compensation insurance.
Max weekly benefit
$990 (66.67% of average weekly wage), effective 2024.
TTD weeks
104 weeks of temporary total disability benefits.
PPD weeks
200 weeks of permanent partial disability (whole-body schedule).
Death benefit
Up to $495,000 in fatal-claim death benefits to dependents.
Statute of limitations
2 years from injury date to file the claim.
1099 contractor treatment
Individuals performing services are presumed to be employees unless they meet specific criteria for independent contractor status, including control, separate business, and risk of loss.
Owner exclusion
Allowed. Sole proprietor self-coverage: optional. LLC member self-coverage: optional.
Estimate your premium in South Dakota
Pre-filled to South Dakota. Pick your industry and payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Filing & compliance in South Dakota
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Step 1, Confirm coverage threshold
Employers with one or more employees are generally required to carry workers' compensation insurance.
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Step 2, Determine class code
Your premium uses the NCCI class code that best matches your operation. The wrong class code can cost 4-10x more or get reclassified at audit.
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Step 3, Get a quote (or use the state fund)
Private carriers like Travelers, Hartford, and Liberty Mutual write coverage in South Dakota. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Track payroll & subcontractors
A principal contractor is liable for the workers' compensation benefits of employees of an uninsured subcontractor if the work is part of the principal contractor's usual trade or business. Keep certificates of insurance for every sub.
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Step 5, Annual audit
Carriers audit payroll Typically within 90-120 days of policy expiration, but can extend up to three years.. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll.
South Dakota workers comp FAQs
Who has to carry workers compensation insurance in South Dakota?
Employers with one or more employees are generally required to carry workers' compensation insurance.
What is the maximum weekly workers comp benefit in South Dakota?
The current maximum weekly benefit in South Dakota is $990 (effective 2024). Benefits are typically 66.67% of the average weekly wage, capped at the state maximum.
How long do I have to file a workers comp claim in South Dakota?
The statute of limitations for filing a workers compensation claim in South Dakota is 2 years from the date of injury. Notice to the employer is typically required within 30 days.
Are 1099 contractors covered by workers comp in South Dakota?
Individuals performing services are presumed to be employees unless they meet specific criteria for independent contractor status, including control, separate business, and risk of loss.
Can business owners exclude themselves from workers comp coverage in South Dakota?
Yes, South Dakota allows business owners (sole proprietors, partners, LLC members, corporate officers) to exclude themselves from coverage by filing the appropriate election form. Sole-proprietor self-coverage is not required; LLC member self-coverage is not required.
What is the penalty for not carrying workers comp in South Dakota?
An uninsured employer may be sued in civil court by an injured worker.
When does my workers comp carrier audit my payroll in South Dakota?
South Dakota typically requires a payroll audit Typically within 90-120 days of policy expiration, but can extend up to three years.. Final premium is reconciled to actual payroll, and class code allocation can shift based on the audit findings. Keep payroll segregated by class code and have job-duty documentation ready.
Am I liable for subcontractors' workers comp in South Dakota?
A principal contractor is liable for the workers' compensation benefits of employees of an uninsured subcontractor if the work is part of the principal contractor's usual trade or business.