The legislative session always brings with it potential changes in employment and workers’ compensation law. This year was no different. Davenport Evans lawyer Justin T. Clarke looks at one on-going debate.

Senate Bill 70, entitled “An Act to modify the amount of time to report an injury for workers’ compensation” was proposed early in the session. Currently, under South Dakota law, an injured worker has three days to provide the employer with written notice of their workplace injury, unless the injured worker can show that the employer had actual knowledge of the injury, or the employer was given written notice after the date of injury and the employee had good cause for failing to give written notice, within three business days, a determination to be construed liberally in favor of the employee. Senate Bill 70 sought to amend the time frame for providing notice from three days to thirty days. However, the Senate Commerce and Energy Committee deferred the bill to the 41st day, thereby killing the bill.

The time frame for filing a workers’ compensation claim remains unchanged, however, that does not mean the issue is dead for good. The issue is one that is often-debated in workers’ compensation circles and it is likely to come up again. If you have questions about workers’ compensation notice issues, or other issues related to workers’ compensation, please contact us to discuss your questions. We look forward to assisting you.

The employment law and workers’ compensation attorneys at Davenport Evans stand ready to help in this developing area of law. Contact us at [email protected], 605-336-2880, or find a specific lawyer here.

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Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the State’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit