State News : South Dakota

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.

South Dakota



 Bill 1084 went into effect on July 1, 2016.  This legislation abrogates the holding inWheeler, and sets forth the applicable law as it relates to aggregate wages for an employee when calculating an employee’s average weekly wage.  While we suggest reading the entirety of Bill 1084 and, of course, calling us for any questions you may have, keep the following in mind:

Claims Arising Before May 6, 2015: Wages calculated exclusively on wages earned at the place of employment where the injury occurred.

Claims Arising After May 5, 2015: Wages include all wages for those jobs where an employee was concurrently employed at the time of the injury, only if the employee was actively working in the concurrent employment and was prevented from doing so due to the injury.  

To be prudent, you should ask an injured employee if they are employed in any other position and ask that they provide wage information to support the same and note your file accordingly.

 If you have any questions relating to calculating the comp rate, what needs to be included, or general questions on South Dakota law, please contact Charlie Larson or 605-336-2424.