What are ‘Disability Benefits’ in South Dakota?

Glossary Check

Deadwood, SD (WorkersCompenstion.com) -- Of the many pieces of state compliance information that readers have at their fingertips on Simply Research, one recently added form breaks down foundational need-to-know information from South Dakota.

Included in that information is how the state defines "disability benefits," which we highlight for you below.

The Basics

South Dakota law provides for a series of benefits during the period of disability. Failure to make payment within 10 days of the date due may result in a penalty of 10% of the unpaid amount.

Weekly Rate

As of July 1, 2024, weekly compensation is two-thirds of the employee’s average weekly wage (including overtime hours at straight time pay) up to a maximum of $1,066 per week. The minimum compensation is $533 unless the employee’s average weekly wage is less than $533 In that instance, the amount of the employee’s average weekly wage, less standard deductions, is paid as compensation.

These amounts are used to calculate temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, rehabilitation, and death benefits.

Temporary Total Disability

An employee who cannot work because of work-related injury or disease is eligible for temporary total disability benefits. Generally this inability to work must be confirmed by a medical practitioner. Payment is not made for lost work time unless an employee is incapacitated for seven consecutive days. If the incapacity lasts for seven consecutive days or more, compensation is then computed from the date of injury. Payments continue until a medical practitioner releases the employee for return to work or determines that the employee’s condition has reached a point of maximum improvement.

Temporary Partial Disability

If a medical practitioner allows an employee who is still recovering from an injury or disease to return to part-time or modified work, and if the employee receives a bona fide job offer, and if the employee is receiving less than her usual earnings, the employee may be entitled to temporary partial disability benefits. These benefits are computed on the basis of one-half the difference between the average
amount earned before the injury and the average amount the employee is earning or able to earn in some suitable employment after the injury. The total compensation for earnings and workers’ compensation may not be less than the amount received for temporary total disability, unless the employee refuses suitable employment. These benefits are payable until the employee is returned to full
employment or until maximum improvement.

Permanent Partial Disability

If an injury or illness results in impairment of certain members of the body, an employee may be entitled to permanent partial disability benefits. Benefits are computed by applying a determination of the employee’s percentage of impairment to the number of weeks designated in the table below for
full disability of that body part. This number of weeks is then multiplied by the compensation rate Payments are made on a weekly or bi-weekly basis unless a lump sum payment is allowed by the Division.

For permanent disability from back injury or others not specifically listed above, compensation is for that
proportion of 312 weeks that is represented by the percentage that such permanent partial disability bears to the body as a whole.

Permanent Total Disability

An employee who is totally and permanently disabled in terms of occupational capacity, or can no longer perform services of any kind, extent and quality for which a reasonably stable labor market exists, may be entitled to compensation during the entire period of disability. In addition, cost of living adjustment is provided. The benefits may, however, be subject to review by the Department.

Rehabilitation

An employee suffering disablement from an occupational disease or an injury, and unable to return to his/her usual and customary line of employment, is entitled to receive disability compensation
during the period she is engaged in a program of rehabilitation that is reasonably necessary
for restoration to suitable, substantial and gainful employment.

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