South Dakota Codified Laws 62-7-10. Notice to employer of injury–Condition precedent to compensation
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
Terms Used In South Dakota Codified Laws 62-7-10
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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–day period, which determination shall be liberally construed in favor of the employee.
Source: SDC 1939, § 64.0601; SL 1994, ch 396, § 12.