22.16.12 97th Legislative Session 864

2022 South Dakota Legislature

Senate Bill 70

Introduced by: Senator Nesiba

An Act to modify the amount of time to report an injury for workers' compensation.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 62-7-10 be AMENDED:

62-7-10. 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 provide written notice of the injury shall be provided to the employer no later than three business thirty 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 within the three business thirty‑day period, which determination shall be liberally construed in favor of the employee.

Underscores indicate new language.

Overstrikes indicate deleted language.