South Dakota Statutes

§ 62-7-10 — Notice to employer of injury--Condition precedent to compensation.

South Dakota·Title 62 WORKERS' COMPENSATION·Ch. 62-7 CLAIMS PROCEDURE

An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence. The notice need not be in any particular form but must advise the employer of when, where, and how the injury occurred. Failure to give notice as required by this section prohibits a claim for compensation under this title unless the employee or the employee's representative can show:

(1)The employer or the employer's representative had actual knowledge of the injury; or (2) The employer was given written notice after the date of the injury and the employee had good cause for failing to give written notice with

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Related

Hanson v. Penrod Construction Co.
425 N.W.2d 396 (South Dakota Supreme Court, 1988)
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Loewen v. Hyman Freightways, Inc.
1997 SD 2 (South Dakota Supreme Court, 1997)
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Barkdull v. Homestake Mining Co.
317 N.W.2d 417 (South Dakota Supreme Court, 1982)
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Orth v. Stoebner & Permann Construction, Inc.
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Miller v. Lake Area Hospital
1996 SD 89 (South Dakota Supreme Court, 1996)
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Mudlin v. Hills Materials Co.
2005 SD 64 (South Dakota Supreme Court, 2005)
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Clausen v. Northern Plains Recycling
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Legislative History

SDC 1939, § 64.0601; SL 1994, ch 396, § 12.

Nearby Sections

15
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