South Dakota Statutes

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

South Dakota § 62-7-10
JurisdictionSouth Dakota
Title 62WORKERS' COMPENSATION
Ch. 62-7CLAIMS PROCEDURE

This text of South Dakota § 62-7-10 (Notice to employer of injury--Condition precedent to compensation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 62-7-10 (2026).

Text

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)
44 case citations
Loewen v. Hyman Freightways, Inc.
1997 SD 2 (South Dakota Supreme Court, 1997)
34 case citations
Barkdull v. Homestake Mining Co.
317 N.W.2d 417 (South Dakota Supreme Court, 1982)
33 case citations
Orth v. Stoebner & Permann Construction, Inc.
2006 SD 99 (South Dakota Supreme Court, 2006)
21 case citations
Miller v. Lake Area Hospital
1996 SD 89 (South Dakota Supreme Court, 1996)
20 case citations
Gordon v. St. Mary's Healthcare Center
2000 SD 130 (South Dakota Supreme Court, 2000)
19 case citations
Mudlin v. Hills Materials Co.
2005 SD 64 (South Dakota Supreme Court, 2005)
16 case citations
Clausen v. Northern Plains Recycling
2003 SD 63 (South Dakota Supreme Court, 2003)
9 case citations
McNeil v. Superior Siding, Inc.
2009 SD 68 (South Dakota Supreme Court, 2009)
9 case citations

Legislative History

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

Nearby Sections

15
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Bluebook (online)
South Dakota § 62-7-10, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/62-7-10.