South Dakota

All employers in South Dakota are permitted to provide workers compensation coverage rather than assume liability for on-the-job injuries. Employers that choose not to provide coverage must demonstrate they are able and willing to pay all benefits for any injured employees by being certified by the Department of Labor.

The following employees are exempt: domestic servants (under 20 hours a calendar week for more than six weeks in a 13-week period), farm or agricultural laborers, independent contractors whose employment is not in the usual course of business (such as certain truck operators/owners and real estate brokers), some elected state officials, and workfare participants.