South Dakota Workers' Compensation Settlement Calculator
Estimate South Dakota workers' comp — Max/Min TTD Rate, PPD Schedule, Exclusive Remedy
South Dakota workers' compensation claims are governed by SDCL 62-4-3 / 62-4-3.1 (Max/Min TTD Rate): 66⅔% of gross earnings. Of the 4 landmark South Dakota workers' compensation awards documented on this page, the largest is $230K (PPD statutory maximum — total loss of an arm (SDCL 62-4-6 schedule: 200 weeks at the 2026 max comp rate of $1,152/wk); 2026).
🦬 SOUTH DAKOTA: Max/Min TTD Rate | PPD Schedule (312-Wk Formula) | Exclusive Remedy
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
South Dakota Workers' Compensation Law
South Dakota workers' compensation benefits is governed by SDCL 62-4-3 / 62-4-3.1 (Max/Min TTD Rate): Weekly compensation equals 66⅔% of the employee's gross earnings, capped at 100% of the state's average weekly wage (2026: $1,152/week) and floored at 50% of that figure (2026: $576/week). The Department of Labor & Regulation recalculates the state average weekly wage every year by June 1, effective for injuries in the fiscal year beginning July 1.
PPD — Scheduled + Unscheduled (312-Week) Formula (SDCL 62-4-6): South Dakota pays a fixed number of weeks of compensation for loss (or loss of use) of a scheduled body part — 50 weeks for a thumb, 35 weeks for an index finger, 150 weeks for a hand, 200 weeks for an arm, 125 weeks for a foot, 160 weeks for a leg, and 150 weeks for total loss of vision or hearing in both ears. A first-phalange loss pays half the finger/thumb value. Back injuries and other unlisted body parts are compensated as that proportion of 312 weeks equal to the employee's whole-person-impairment percentage.
PTD — Lifetime Benefit + Odd-Lot Test (SDCL 62-4-7 / 62-4-53 / 62-4-52): A worker is permanently and totally disabled if his condition, age, training, and the local job market leave him unable to secure more than sporadic employment at an insubstantial income. PTD pays the SDCL 62-4-3 weekly rate for life, with an annual cost-of-living increase equal to 100% of the CPI change (capped at 3% compounded per year — 2.5% effective July 1, 2026). A bona fide job offer paying at or above the injured worker's comp rate can defeat a PTD claim, as the Department held in Gould v. Potash Holding Co./Nutrien AG Solutions (2025), denying PTD to a worker who fell 25 feet from a catwalk (24% whole-person impairment, shattered pelvis) because he had returned to full-duty work earning more than his benefit rate.
Key South Dakota Workers' Compensation Statutes
South Dakota workers' compensation benefits operates under these critical legal rules:
SDCL 62-4-3 / 62-4-3.1
Max/Min TTD RateStandard: 66⅔% of gross earnings. Max = 100% of the state average weekly wage — $1,152/wk effective July 1, 2026. Min = 50% of that figure — $576/wk.
Scope: The Department of Labor & Regulation recalculates the state average weekly wage every year by June 1 (SDCL 62-4-3.1), using the prior calendar year's total covered wages ÷ average monthly insured workers ÷ 52; the new rate applies to injuries in the fiscal year starting July 1. Workers earning under 50% of the max cannot receive more than 100% of their own after-tax earnings.
SDCL 62-4-6
PPD — Scheduled + Unscheduled (312-Week) FormulaStandard: Fixed weeks per body part: thumb 50, index finger 35, hand 150, arm 200, foot 125, leg 160, total loss of vision or hearing (both ears) 150.
Scope: First phalange loss pays half the finger/thumb value. Back injuries and other unlisted body parts are paid as that proportion of 312 weeks equal to the worker's whole-person-impairment percentage (e.g., 24% WPI = 74.88 weeks).
SDCL 62-4-7 / 62-4-53 / 62-4-52
PTD — Lifetime Benefit + Odd-Lot TestStandard: PTD = weekly benefit at the SDCL 62-4-3 rate for life, plus an annual COLA equal to 100% of the CPI change (capped at 3% compounded/yr; 2.5% increase effective July 1, 2026).
Scope: SDCL 62-4-53 defines PTD as being unable to secure more than sporadic employment given age, training, and the local job market. SDCL 62-4-52(2) lets a bona fide job offer paying at/above the comp rate defeat a PTD claim — applied in Gould v. Potash Holding Co./Nutrien AG Solutions (HF No. 32, 2021/22; Dep't of Labor & Regulation, Aug. 20, 2025). For injuries after July 1, 1993, SDCL 62-4-7 also offsets Social Security old-age benefits (150% of comp minus the SS payment, capped at the standard rate).
SDCL 62-3-2
Exclusive RemedyStandard: "The rights and remedies granted to an employee...shall exclude all other rights and remedies of the employee...against the employer...except rights and remedies arising from intentional tort."
Scope: South Dakota courts require proof the employer acted with "virtual certainty" injury would result to pierce exclusivity (McMillin v. Mueller, 2005 S.D. 41; Benson v. Goble, 1999 S.D. 38). A general contractor providing workers' comp coverage for the project also gets statutory-employer immunity from a subcontractor's employee (Ries v. JM Custom Homes, LLC, 2022 S.D. 52).
SDCL 62-7-35
2-Year Statute of Limitations (Filing After Denial)Standard: "The right to compensation...shall be forever barred unless a written petition for hearing...is filed...within two years after the...insurer notifies the claimant...that it intends to deny coverage in whole or in part."
Scope: A partial denial only bars the specific denied portion, not the whole claim (Faircloth v. Raven Industries, Inc., 2000 S.D. 158). Mediation through the Division of Labor and Management is available first but is optional.
SDCL 62-4-34 to 62-4-34.2 (repealed by SL 1999, ch 262, §§2-4)
Subsequent Injury Fund — AbolishedStandard: South Dakota's state Subsequent (Second) Injury Fund was eliminated in 1999.
Scope: Unlike many states that still reimburse employers for aggravation of a pre-existing impairment, South Dakota no longer offers that state-fund reimbursement path; pre-1999 claims (e.g., Homestake Mining Co. v. South Dakota Subsequent Injury Fund, 2002 S.D. 46) are historical only.
Recovery Structure
Medical treatment (all reasonable and necessary care; you choose the first practitioner), temporary total disability (66⅔% of wages after a 7-consecutive-day waiting period), temporary partial disability (half the difference between pre- and post-injury wages, SDCL 62-4-5), permanent partial disability via the scheduled/312-week system, permanent total disability for life, vocational rehabilitation (5-part statutory test), and death/survivor benefits (spouse: 66⅔% of the average weekly wage for life; children: until 18, or 22 if a full-time student). Report your injury immediately — South Dakota's DLR guide directs written notice to your employer within three business days, and your employer must report to its insurer within seven days. No pain-and-suffering recovery under workers' comp — the trade-off for exclusive remedy.
Key South Dakota Doctrines
Exclusive Remedy: SDCL 62-3-2 bars all other claims against the employer "except rights and remedies arising from intentional tort" — South Dakota courts require proof the employer acted with "virtual certainty" that injury would result (McMillin v. Mueller, 2005 S.D. 41; Benson v. Goble, 1999 S.D. 38). General contractors who carry workers' comp coverage for a project also get statutory-employer immunity from subcontractor-employee tort suits (Ries v. JM Custom Homes, LLC, 2022 S.D. 52). No Mandatory Insurance: South Dakota is one of the few states that does not require employers to carry workers' compensation insurance — an employer who goes without it forfeits the exclusive-remedy defense and can be sued civilly for the injury.
Damage Structure + Caps
2026 weekly rate: $576 minimum to $1,152 maximum (66⅔% of wages, reset every July 1). PPD schedule caps at 312 weeks for unscheduled/whole-body injuries; PTD pays for life with a CPI-based annual increase capped at 3% compounded. South Dakota abolished its Subsequent Injury Fund in 1999 (formerly SDCL 62-4-34 to 62-4-34.2, repealed by SL 1999, ch 262) — employers can no longer seek state reimbursement for benefits paid on an aggravated pre-existing condition.
South Dakota Workers' Compensation Verdicts + Averages
Recent South Dakota Department of Labor & Regulation decisions and statutory-formula outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $86K | 2025 | PPD value at the SDCL 62-4-6 unscheduled-injury formula (24% WPI × 312 wks = 74.88 wks) at the 2026 max comp rate — Gould v. Potash Holding Co./Nutrien AG Solutions, HF No. 32, 2021/22; PTD claim denied on summary judgment because claimant returned to full-duty work earning more than his comp rate — Pelvis fracture, 24% whole-person impairment (25-foot catwalk fall) — formula value, PTD denied on return to work |
| $230K | 2026 | PPD statutory maximum — total loss of an arm (SDCL 62-4-6 schedule: 200 weeks at the 2026 max comp rate of $1,152/wk) — Illustrative statutory maximum — total loss of an arm (200 weeks), transparent calculation, not a reported case |
| $173K | 2026 | PPD statutory maximum — total loss of a hand (SDCL 62-4-6 schedule: 150 weeks at the 2026 max comp rate) — Illustrative statutory maximum — total loss of a hand (150 weeks), transparent calculation, not a reported case |
| $60K | 2026 | PTD lifetime benefit — current annual value at the 2026 max comp rate ($1,152/wk × 52, plus CPI-based annual increases), illustrated by the ongoing Specht v. City of Sioux Falls firefighter PTD claim (HF No. 91, 2019/20) — cumulative on-duty back injury 1989-2007, PTD retirement since 2008, benefits continuing — Cumulative on-duty back injury (firefighter, PTD since 2008) — current annual benefit value at the 2026 rate |
South Dakota Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in South Dakota for 2026?
Effective July 1, 2026, South Dakota's maximum weekly workers' compensation rate is $1,152 and the minimum is $576 (SDCL 62-4-3). Your actual benefit equals 66⅔% of your average gross weekly wage, subject to these caps. The state recalculates the average weekly wage — and therefore the max/min — every year by June 1 for the fiscal year starting July 1.
Does my South Dakota employer have to carry workers' compensation insurance?
No. South Dakota is one of the few states that does not legally require employers to carry workers' comp insurance. If your employer has no coverage, you may still pursue benefits, or you (or your attorney) may instead be able to sue the employer directly in civil court, since an uninsured employer loses the exclusive-remedy defense of SDCL 62-3-2.
Can I sue my employer in South Dakota in addition to workers' comp?
Generally NO — SDCL 62-3-2 makes workers' comp your exclusive remedy against your employer, its officers, and co-employees. The only exception is an intentional tort, which South Dakota courts define narrowly as conduct the employer knew, with "virtual certainty," would cause injury (McMillin v. Mueller, 2005 S.D. 41). Claims against a third party who is not your employer — an equipment maker, a negligent driver, a subcontractor — are not barred and can run parallel to your workers' comp claim.
How is permanent partial disability calculated in South Dakota?
For a listed body part (SDCL 62-4-6), South Dakota pays a fixed number of weeks — for example 200 weeks for an arm, 160 for a leg, 150 for a hand or an eye. For an unlisted body part or a back injury, your doctor rates your whole-person impairment as a percentage, and you receive that percentage of 312 weeks of compensation at your weekly comp rate.
How long do I have to file a workers' comp claim in South Dakota after a denial?
You must file a written petition for hearing with the Department of Labor & Regulation within two years after the insurer or self-insured employer formally notifies you in writing that it is denying your claim, in whole or in part (SDCL 62-7-35). Miss that window and your right to compensation for the denied portion is "forever barred" — so don't wait to get help if your claim is denied.
Pending South Dakota Workers' Compensation Issues
Active legal developments (as of April 2026):
- The exact SDCL section number for the 3-business-day employee notice-of-injury deadline (stated in South Dakota DLR's official employee rights guide) has not been independently confirmed against the statute text itself — cited here without a specific section number rather than guessed.
- SDCL 62-4-3.1 cross-references an exception under §62-7-33 relevant to average-weekly-wage computation; the current substantive content of §62-7-33 has not been independently confirmed.
- The landmark dollar figures above are statutory-formula calculations (confirmed case facts/WPI% or confirmed SDCL 62-4-6 schedule × the confirmed 2026 maximum rate), not literal disclosed settlement or verdict totals — South Dakota's administrative (non-jury) system publishes legal rulings, not final lump-sum award figures, in its public HF decisions.
- Whether a pelvis fracture (Gould) is formally rated under SD's unscheduled 312-week PPD formula versus an analogous scheduled category has not been confirmed beyond the partial-summary-judgment letter decision, which did not reach final PPD rating.
- 2026 weekly min/max ($576/$1,152, effective July 1, 2026) and the 2.5% PTD COLA are current per the SD DLR rates page as of August 2026; South Dakota applies the rate in effect on the date of injury, not the date of claim, so historical injuries use different figures.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- dlr.sd.gov/workers_compensation/rates.aspx
- dlr.sd.gov/workers_compensation/publications/wcemployeeguide.pdf
- dlr.sd.gov/workers_compensation/rights_reponsibilities_employees.aspx
- sdlegislature.gov/Statutes/62-4-3
- sdlegislature.gov/Statutes/62-4-6
- sdlegislature.gov/Statutes/62-4-7
- sdlegislature.gov/Statutes/62-3-2
- sdlegislature.gov/Statutes/62-7-35
- sdlegislature.gov/Statutes/62-4-34
- dlr.sd.gov/workers_compensation/decisions.aspx
- dlr.sd.gov/workers_compensation/decisions/32-gould.pdf
- dlr.sd.gov/workers_compensation/decisions/91-specht.pdf
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview