Reporting A Work Injury In South Dakota: A Step-By-Step Guide From Alvine Law Firm, LLP

Last updated on February 20, 2026

If you were hurt at work in the last day or two, you are probably asking one question: “What do I do next so I will not lose my benefits?” South Dakota has one of the strictest reporting deadlines in the country, and meeting those deadlines can be the difference between getting the benefits you need and having to pay for the cost of treatment on your own.

Alvine Law Firm, LLP, is a Sioux Falls law firm with more than 25 years of trial experience. If you cannot deal with the paperwork or you’re worried you will miss a deadline, call us. We will help you at every stage of your claim.

Step 1: Report The Injury

Most states give workers 30 days to report an injury. South Dakota does not. Waiting a week can be the difference between a valid claim and a denial.

Under South Dakota law, you must give your employer notice of the injury within three business days. If you do not, you could jeopardize your workers’ comp claim. As a result, it is important to report your injury immediately, even if you think the injury is minor or if you are unsure if you will miss work.

Step 2: Keep A Record Of Your Report

To protect yourself, give notice in a way that leaves a record. A casual hallway conversation is not enough. Text messages might not count or could be deleted, lost or misunderstood. Instead, use email, a written incident report or a letter you can keep a copy of.

Step 3: Notify Your Employer Before Choosing A Doctor If You Can

In South Dakota, you can choose your doctor for a work injury. However, there is a critical rule: you generally must notify your employer before you obtain treatment, unless it’s a true emergency. As a result, it is important to notify your employer first unless you need emergency medical care.

Step 4: Make Sure Your Employer Files The “First Report Of Injury”

In South Dakota workers’ comp, the employer typically files the First Report of Injury. Unfortunately, if your employer delays or misplaces the report or downplays what happened, your claim can stall or be denied. You should ask for written confirmation that your employer has filed this report, request a copy for your records and follow up if you do not receive confirmation.

Step 5: Preserve Evidence

In a workplace, evidence can get lost quickly during daily operations. Right after the injury:

• Write down the date, time and location of the injury.
• Write down what you were doing and what went wrong.
• Keep track of any witnesses.
• Take photos of the area and equipment if possible.
• Keep notes on any symptoms that develop later (numbness, tingling, headaches, radiating pain) and tell your doctor about all of them.

Step 6: If Your Employer Asks You To Come Back To Work On Light Duty, Be Careful

Right after reporting, employers may pressure a worker to return with “light duty.” Sometimes the offer is legitimate. Sometimes it is a setup that violates medical restrictions and puts your claim at risk.

Call Alvine Law Firm, LLP, – We Will Help You File The Paperwork For Free

If you were hurt in the last 24 to 48 hours, do not wait. The clock is already ticking. Alvine Law Firm, LLP, can help you give proper notice, document the claim and make sure the process starts the right way – so you can focus on healing. Call 605-275-0808 or reach out online to discuss your claim with our team.