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WorkersCompDeadline

South Dakota · workers' compensation

South Dakota workers' comp filing deadline

Time limit for filing is 2 years from the date employer/insurer notifies employee and the SD Department of Labor, in writing, of denial of a claim in whole or in part (§62-7-35). For additional compensation when benefits previously tendered: 3 years from last payment (§62-7-35.1).
PartialSDCL §62-7-10 (notice); §62-7-35 (limitation)

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Notice to employer

—

Pending

Filing with the state

2yr

Time limit for filing is 2 years from the date employer/insurer notifies employee and the SD Department of Labor, in writing, of denial of a claim in whole or in part (§62-7-35). For additional compensation when benefits previously tendered: 3 years from last payment (§62-7-35.1).

SDCL §62-7-10 (notice); §62-7-35 (limitation)

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Exceptions and tolling

Statute-of-limitations rules have many exceptions that can extend or pause the clock. The most common in South Dakota:

  • Occupational disease — Occupational disease

    Pending

  • Minor tolling

    Pending

  • Mental / disability tolling

    Pending

Leading case

Pending

Pending

Pending

About this entry

Some sub-elements of this entry (typically minor tolling, mental-disability tolling, or the leading case) haven't been independently verified.

Attribution

Primary source
https://sdlegislature.gov/Statutes/62-7
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