South Dakota Codified Laws
Chapter 04 - Compensation For Injury Or Death
Section 62-4-2 - Waiting period for temporary disability benefits.

62-4-2. Waiting period for temporary disability benefits.
No temporary disability benefits may be paid for an injury which does not incapacitate the employee for a period of seven consecutive days. If the seven day waiting period is met, benefits shall be computed from the date of the injury.

Source: SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1972, ch 270; SL 1974, ch 334; SL 1984, ch 340; SL 1994, ch 396, §16.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 62 - Workers' Compensation

Chapter 04 - Compensation For Injury Or Death

Section 62-4-1 - Medical and hospital expense.

Section 62-4-1.1 - Employer's duties upon receipt of medical bill.

Section 62-4-1.2 - Fine for noncompliance.

Section 62-4-1.3 - Release of medical records.

Section 62-4-2 - Waiting period for temporary disability benefits.

Section 62-4-3 - Amount of temporary total disability compensation.

Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.

Section 62-4-5 - Compensation for partial disability.

Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.

Section 62-4-6 - Additional compensation for specific bodily injuries.

Section 62-4-7 - Compensation for permanent total disability--Annual increase.

Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.

Section 62-4-8 - Death resulting from injury--Payments to personal representative or beneficiaries of deceased.

Section 62-4-8.1 - Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.

Section 62-4-10 - Installment payments of compensation.

Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.

Section 62-4-11 - Specific bodily injuries--Death before full payment of installments--Payments to dependents.

Section 62-4-12 - Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.

Section 62-4-12.1 - Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.

Section 62-4-14 - Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.

Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.

Section 62-4-16 - Burial and transportation expenses paid when death results from injury.

Section 62-4-17 - Installment payment of death benefits.

Section 62-4-18 - Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.

Section 62-4-19 - Payment of death benefits to personal representative--Release of employer from obligation.

Section 62-4-20 - Payment of death benefits to surviving spouse for minor children--Conservatorship not required.

Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.

Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.

Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.

Section 62-4-25 - Employment for less than year preceding injury--Determination of average weekly wage.

Section 62-4-26 - Computation of average weekly wage when other methods not feasible.

Section 62-4-27 - Seasonal employment--Determination of average weekly wage.

Section 62-4-28 - Employee earning no wages or less than day laborers--Computation of average weekly wage.

Section 62-4-29 - Apportionment of compensation for subsequent injury.

Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.

Section 62-4-30 - Determination of amount for each installment period.

Section 62-4-31 - Working week defined.

Section 62-4-34.7 - Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.

Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.

Section 62-4-38 - Right of action when third person is liable--Election by employee--Offset of recovered damages.

Section 62-4-39 - Compensation paid by employer--Reimbursement from damages recovered from third party.

Section 62-4-40 - Recovery by employer from third party--Excess held for employee.

Section 62-4-41 - Priority of rights to compensation.

Section 62-4-42 - Assignment of payments prohibited--Certain compensation exempt from claims of creditors.

Section 62-4-43 - Selection of medical practitioner or surgeon by employee.

Section 62-4-44 - Report to be submitted to employer and department by treating practitioner or surgeon--Time limit..

Section 62-4-45 - Information about injury to be made available--Penalty for withholding information.

Section 62-4-46 - Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.

Section 62-4-48 - Investigation of written request to stop payments.

Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.

Section 62-4-50 - Immunity for good faith written request of investigation--False written request as misdemeanor.

Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.

Section 62-4-52 - Definition of terms.

Section 62-4-53 - Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.

Section 62-4-54 - Determining usual and customary line of employment.

Section 62-4-55 - Suitable, substantial, and gainful employment defined.