How much is a back injury worth in South Dakota workers' comp?
South Dakota does not use a fixed number of weeks for a back injury. Your doctor gives a whole-person impairment rating and the award follows the state formula (whole-person % × 312 weeks).
How a back injury is paid in South Dakota
Not on the schedule; rated as a percentage of the body as a whole × 312 weeks.
Each week is paid at 66.67% of your average weekly wage, up to $1,152 a week, with a minimum of $576 a week (or your full wage if it is lower).
What is different in South Dakota
PPD is paid by applying the doctor's impairment percentage to the weeks listed for the body part, or to 312 weeks for the body as a whole. Employers in South Dakota are not legally required to carry workers' compensation insurance.
Worked examples
| Rating | $800 weekly wage | $1,200 weekly wage | $1,600 weekly wage |
|---|---|---|---|
| 5% whole-person rating | $8,985.60 | $12,481 | $16,641 |
| 10% whole-person rating | $17,971 | $24,961 | $33,282 |
| 15% whole-person rating | $26,957 | $37,442 | $49,922 |
| 25% whole-person rating | $44,928 | $62,403 | $83,204 |
Calculate your back award
Settlement value vs. the statutory award
The figures on this page are what South Dakota law sets. Many claims end in a negotiated settlement instead. Insurers usually start from the statutory award for your rating, then adjust for disputed ratings, future medical care, how long wage-loss benefits could run and the risk of a hearing. Knowing the statutory number for a back injury helps you judge whether an offer is low.
South Dakota vs. neighboring states
| State | How a back injury is paid | Max for total loss |
|---|---|---|
| South Dakota | whole-person % × 312 weeks | — |
| Iowa | impairment rating (see rule) | — |
| Minnesota | impairment rating (see rule) | — |
| Montana | wage loss | — |
| Nebraska | wage loss | — |
| North Dakota | impairment rating (see rule) | — |
| Wyoming | impairment rating (see rule) | — |
"Max for total loss" applies to body-part schedules at the top weekly rate. Compare all 50 states and D.C.
While you recover: temporary disability in South Dakota
Weekly temporary benefits while you cannot work follow these rules:
| Weekly rate | 66.67% of AWW (AWW includes overtime hours at straight-time pay) |
|---|---|
| Maximum weekly benefit | $1,152 (2026-07-01 to 2027-06-30 (FY 2027)) |
| Minimum weekly benefit | $576/week, or the worker's AWW (less standard deductions) if lower |
| Waiting period | 7 days |
| Waiting days paid back after | 7 days of disability |
| Time limit on temporary benefits | No fixed week limit in statute |
Estimate your weekly check
Frequently asked questions
How much is a back injury worth in South Dakota workers' comp?
It depends on your whole-person impairment rating. South Dakota pays whole-person % × 312 weeks; a 10% rating is worth up to $35,942.
What is the average workers' comp settlement for a back injury in South Dakota?
South Dakota does not publish an official average. The best benchmark is the statutory award for your rating: for example, a 10% whole-person rating at a $1,200 weekly wage works out to about $24,961. Settlements move up or down from there.
What is the maximum weekly workers' comp benefit in South Dakota in 2026?
The maximum weekly temporary total disability benefit is $1,152 (2026-07-01 to 2027-06-30 (FY 2027)).
Is there a waiting period in South Dakota?
Yes. South Dakota does not pay the first 7 days of lost time, but pays them back once disability lasts more than 7 days.
Which law sets these amounts?
SDCL ch. 62-4 (e.g., §§ 62-4-3, 62-4-6). The official sources are linked at the bottom of this page.
Other injuries in South Dakota
Law and official sources
Official sources
Statute: SDCL ch. 62-4 (e.g., §§ 62-4-3, 62-4-6); SDCL ch. 62-4 (§ 62-4-6)
- South Dakota Department of Labor and Regulation, Division of Labor and Management (official site)
- dlr.sd.gov/workers_compensation/rates.aspx
- dlr.sd.gov/workers_compensation/publications/wclawguide_brochure.pdf
Figures checked September 30, 2026. Maximums change every year; confirm current figures with the South Dakota workers' compensation agency.
Estimate only. Your real award depends on your doctor's rating, your wage records, offsets and settlement terms. This page is general information, not legal advice.