South Dakota Workers' Compensation Disability Pay Chart (Evergreen Guide)

How South Dakota Workers' Compensation Disability Pay Works

In South Dakota, workers' compensation disability compensation is based on a schedule tied to your average weekly wage and the injury date, with statutory weekly benefit caps and schedules for different injury dates. Unlike some states, South Dakota does not use a statewide flat weekly rate; instead, the Division of Insurance sets maximum weekly benefit amounts by effective date, while the underlying benefit calculation uses two-thirds of your average weekly wage subject to minimums and maximums. Temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability each have distinct rules, and benefits may be reduced if you receive Social Security or other concurrent income. Below you will find an overview of the key formulas, current caps by effective date, and practical examples to help you estimate your weekly payment.

Key Definitions and Calculation Steps

To determine your disability compensation pay in South Dakota, start with these core definitions and steps. Your average weekly wage (AWW) is typically your total earnings in the 52 weeks before injury divided by 52, including regular wages, overtime, and certain bonuses. South Dakota law provides a formula: take two-thirds of your AWW to get your weekly benefit rate, then apply the weekly minimum and maximum that are in effect for your injury date. For permanent partial disabilities, compensation is based on a percentage of impairment assigned to a body part combined with the applicable scheduled benefit or a formula for non-scheduled injuries. Temporary total disability generally pays when you cannot work at all, temporary partial when you return at reduced earnings, and permanent total disability when you cannot return to any suitable work. Note that these rules exclude certain workers such as agricultural employees or domestic workers in some cases, and federal employees may be governed by federal workers' compensation law.

Weekly Benefit Calculation Overview

The core calculation in South Dakota is: Weekly Benefit = (Two-Thirds × Average Weekly Wage), subject to the weekly minimum and maximum for your injury date. If your AWW is low, the minimum ensures a baseline payment; if your AWW is high, the maximum limits the weekly benefit. For scheduled injuries (e.g., limbs, eyes, spine), permanent partial awards are calculated by multiplying the scheduled weeks by the weekly benefit in effect at the time of injury or at the time of award, depending on the injury date. For non-scheduled injuries, a percentage of impairment is multiplied by a compensation formula that may include factors such as age, education, and retraining potential. Understanding whether your injury date falls under an earlier or later cap table is essential, because weekly maximums have changed over time.

South Dakota Weekly Benefit Caps by Effective Date

The Division of Insurance sets maximum weekly benefit amounts that adjust over time. These caps determine the highest weekly payment you can receive for temporary total or permanent partial disability, even if two-thirds of your AWW would exceed the cap. Payments may also be subject to minimums to protect low-wage workers. Use these tables to identify which cap applies based on your injury or claim filing effective date. Note that these are maximums; your actual payment may be lower depending on your AWW and impairment.

*Weekly figures are approximate conversions of monthly caps to aid comparison; always refer to the official Division of Insurance tables for the precise current maximum and minimum.

Practical Examples and Important Limitations

Here are simplified examples to illustrate how the weekly benefit might look in practice under current caps. These are illustrative only; your actual AWW, impairment rating, and injury date will determine your payment.

• Scenario A — High AWW in 2024: If your average weekly wage is $2,000, two-thirds is about $1,333. If the weekly maximum for your injury date is $735, you would receive $735 per week for temporary total disability (subject to any scheduled impairment calculations for permanent partial).
• Scenario B — Low AWW: If your average weekly wage is $450, two-thirds is $300. If the minimum weekly benefit is $280, you would typically receive at least $280, assuming you meet eligibility rules.
• Scenario C — Permanent Partial Scheduled Injury: If you sustain a permanent partial injury to an arm that is scheduled and your impairment is rated, the award may be calculated as a portion of the scheduled weeks multiplied by the weekly benefit in effect at the time of injury or award, depending on the rules for your injury date.

Important Exceptions and Reductions

South Dakota law allows certain offsets that can reduce your workers' compensation disability payment. If you are receiving Social Security disability or retirement benefits, your workers' comp award may be reduced so that combined income does not exceed your pre-injury earnings. Payments can also be reduced if you return to work and earn wages, if you are entitled to unemployment benefits, or if you receive other public disability benefits. Additionally, voluntary retirement or settlements may affect your ongoing compensation, and failure to report changes in work or income can result in overpayments that must be repaid. Always notify your employer and the Division of Insurance promptly of any changes that could impact your benefit amount.

How to Verify and Update Your Information

Because South Dakota caps and wage tables are updated periodically, you should verify the current weekly maximum and minimum on the South Dakota Division of Insurance workers' compensation section before making financial or medical decisions. You can usually find the most recent rates, forms, and guidance on the official state government website, and you can contact the Division or a workers' compensation judge if you have questions about your specific AWW calculation, impairment rating, or how an offset applies to your case. If your claim has been denied or underpaid, you typically have the right to request a review or appeal through the state workers' compensation system.

Disclaimer and Next Steps

This article provides a general overview of South Dakota workers' compensation disability compensation and is not legal advice. Laws and interpretations can change, and individual outcomes depend on specific facts, employment status, and claim details. If you are filing or appealing a claim, consider contacting the South Dakota Division of Insurance, a workers' compensation attorney, or a certified workers' compensation claims professional for guidance tailored to your situation. Keep records of your wages, medical records, notices, and communications, and report any changes that could affect your benefit amount promptly.