We’ve seen 30 day limits for some states when it comes to when employees must notify their employers about an injury, and we’ve seen some where the employee must notify the employer right after the accident occurs. But South Dakota falls more on the latter end of that spectrum. The state mandates that employees report their work related injury or illness by three business days after the accident occurrence.
When the employer gets this notice, they have to fill out what is called an Employer’s First Report of Injury form. You are also on a deadline for this form, so employers must make sure all of these early stages of a workers’ comp claim happen as smoothly as possible in South Dakota. For employers, they have seven days, not including Sundays and holidays, to get this First Report of Injury form to their insurance carrier for workers’ comp coverage.
If you do not get the form to the insurance company in those seven days, you the employer can get charged with a Class 2 misdemeanor in the state of South Dakota. You can also get fined by the state at the charge of $100, imposed by the state Department of Labor. Like I said, you don’t want to dilly dally when it comes to dealing with the first stages of reporting an injury to the workers’ comp system in the state of South Dakota.
It is even up to the employer to get this injury report form in on time even if the employee fails on their end. If the employee does not report their injury on time—again, within that 3 day window—then the employer still has to get that First Report of Injury form in to their insurance carrier within that seven day limit. Then it will be up to the insurance company to decide what to do about the employee.
We’ve seen so far many states that have workers’ comp systems much like the workers’ comp system that South Dakota has. Of course, the point I have been driving home though is that all of the systems are not exactly the same, despite the similarities. And that is why we must look at all of the states’ workers’ comp systems, including the state of the plate now—South Dakota.
South Dakota requires most of its employers to have workers’ comp insurance for their workers. There are a few exceptions to this blanket rule, however. Take domestic servants, who do not have to have workers’ comp unless they work for the employer for more than 20 hours in a week and for more than six weeks in any 13-week period.
Also included on this list of those excluded from having to have workers’ comp are farmer workers and other agricultural workers. As we have seen in other states, independent contractors do not have to have workers’ comp for them either, if they are considered employed not in the usual course of trade, profession, or the business of the company and employer. By this, the rules mean that an independent contractor would be somebody brought in to refurbish the bathrooms in a law office. Officially, the contractor redoing the bathrooms has nothing to do with practicing law or assisting the firm’s lawyers in their day to day activities.
South Dakota has a few other employees and job types on this list of those folks who do not have to have workers’ comp for them. These include real estate agents, truckers who are considered owners and operators of their vehicles and who are certified by the South Dakota Department of Labor as independent contractors, workfare employees, and certain state elected officials and certain other government employees.
I found that in the state of South Carolina, having workers’ compensation insurance is mandatory. Workers’ compensation insurance may be provided through a private insurance carrier or employers may choose to self-ensure. However, waivers to this law are also permitted.
If any employer has fewer than four employees, the employer is exempt from the state’s worker’s compensation act. Additionally, employers in the agriculture industry may secure a worker’s compensation package voluntarily, but they are not legally bound to carry insurance.
Unless an employer having four or more domestic workers has a total previous annual payroll of less than $3,000, the employer is also exempt.
When a worker receives workers’ compensation, he or she is entitled to full medical benefits with no time or monetary limits. The employer may select the physician who will provide the treatment for the employee.
When an employee needs disability benefits, the payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker’s wag. The amount is subject to a weekly maximum payment amount and payments may continue for up to 500 weeks.
If a payment is made for permanent total disability (PTD) then the payment is also made based on a percentage of the worker’s wage and is subject to a weekly maximum. These payments may continue for up to 500 weeks.
Finally, if the employee is permanent partially disables (PPD), then payments are also made based on a percentage of the worker’s weekly wage and may continue for 340 weeks.
Benefits may also be available if an employee suffers serious and permanent disfigurement of the face, head, neck or other areas normally exposed in employment. Additionally, the patient is covered for physical rehabilitation benefits and vocational rehabilitation benefits. Hearing loss may be compensable if the issue is filed within the deadline.
South Carolina and federal labor laws can be found detialed on the South Carolina Complete Labor Law poster.