LOCAL RULES

South Dakota incident report requirements

Your South Dakota incident report has 5 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • A signed record of every injury within 7 days, copy to the employee, kept 4 years
  • Beyond minor first aid or 7+ days off: the report to the insurer within 7 days
  • The employee's written notice within 3 business days: when, where and how
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South Dakota employers follow federal OSHA recordkeeping and add the workers' compensation rules in SDCL 62-6: a signed record of every work injury within seven days with a copy to the employee, kept four years, and a report to the insurer for anything beyond minor first aid. Employees have only three business days to give written notice. Here is each South Dakota rule with a link to the Codified Laws, and what a South Dakota incident report should record.

Last reviewed October 15, 2026 against the official sources listed below.

Incident reportSOUTH DAKOTA / SAMPLE

Sample notes, 140 words

Company: Northgate Fabrication
Site: 1840 Industrial Pkwy, shipping dock 2
Date: 10/08/2026, about 2:15pm
Injured: Luis Romero, material handler, warehouse crew
Supervisor: Tom Reilly
...
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5 South Dakota rules on your checklist, including a signed record of every injury within 7 days, copy to the employee, kept 4 years.

Still to add

  • NeededType of incident
  • NeededCompleted by
  • RecommendedNotes for damage to property, equipment or the environment

Filled in for you

Company or organizationNorthgate Fabrication
Site address or location1840 Industrial Pkwy, shipping dock 2
Date of the incidentOct 8, 2026
Employee or person involved (full name)Luis Romero, material handler, warehouse crew
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What South Dakota requires

  • Every employer keeps a record of all injuries, fatal or otherwise, to its employees in the course of employment, completed within seven calendar days (not counting Sundays and legal holidays) after learning of the injury, on a Department-approved form, signed by the employer with a copy given to the injured employee, and kept at least four years; failing to complete or keep it is a Class 2 misdemeanorSDCL 62-6-1
  • For an injury that needs medical treatment beyond minor first aid, or that incapacitates the employee for seven or more calendar days, the employer files a written report on a Department-approved form with its insurer (or with the Department if self-insured) within seven calendar days, not counting Sundays and legal holidays, after learning of it, unless it has good cause; failing to file is a Class 2 misdemeanor with a 100 dollar administrative fineSDCL 62-6-2
  • The insurer files a copy of the report with the Department within ten days of receiving it, and the insurer (or self-insured employer) tells the employee and the Department in writing within twenty days if it denies coverage, with the reasons and the right to a hearingSDCL 62-6-3
  • An employee claiming compensation notifies the employer immediately or as soon as practical, and gives written notice no later than three business days after the injury, saying when, where and how it occurred; late notice bars the claim unless the employer actually knew or the employee had good causeSDCL 62-7-10
  • Information obtained under the workers' compensation title is used only for the Department's and insurer's purposes, apart from limited releases to the injured employee, their attorney and certain public agenciesSDCL 62-6-5

A signed record of every injury

Record every work injury, fatal or not, within seven calendar days of learning of it, not counting Sundays and legal holidays, on a Department-approved form. Sign it, give the injured employee a copy, and keep it at least four years. Failing to do so is a Class 2 misdemeanor.

The report to the insurer

If the injury needs medical treatment beyond minor first aid, or keeps the employee off seven or more calendar days, file a written report with your insurer (the Department if you self-insure) within the same seven days. Missing it is a Class 2 misdemeanor with a 100 dollar fine. The insurer sends a copy to the Department within ten days and must tell the employee within twenty days if it denies coverage.

The employee's 3-day written notice

Employees tell the employer immediately or as soon as practical, and give written notice within three business days saying when, where and how the injury happened. A late notice still counts if the employer actually knew or the employee had good cause.

From field notes to a finished South Dakota report

Note when, where and how the injury happened, the treatment, and any days off. ReportDraft writes the incident up with those details and keeps fields for the employee's written notice, the signed copy you give them, and the insurer report.

Common mistakes

  • Keeping no record for an injury that needed only first aid.
  • Not signing the record or not giving the employee a copy.
  • Counting Sundays and holidays inside the seven days.
  • Throwing records out before four years.
  • Not telling employees about the three-business-day written notice.

Sources

Last reviewed October 15, 2026. Next review due January 15, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.