South Dakota § 62-7-41 Supplemental wage benefit for employee unable to return to usual and customary employment.

South Dakota Statutes

§ 62-7-41 — Supplemental wage benefit for employee unable to return to usual and customary employment.

South Dakota § 62-7-41

Title 62WORKERS' COMPENSATION

Ch. 62-7CLAIMS PROCEDURE

This text of South Dakota § 62-7-41 (Supplemental wage benefit for employee unable to return to usual and customary employment.) 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 § 62-7-41 (2026).

Text

If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under § 62-4-3 , provided the employee is actually offered employment or is employed.

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If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under § 62-4-3 , provided the employee is actually offered employment or is employed.