South Dakota · workers' comp rates & requirements

South Dakota Workers' Compensation Cost Calculator

Key facts: workers' comp in South Dakota

Who must be covered
Optional for most private employersOfficial agency: DLR
Average rate
$1.13 per $100 of payrollRank #22 of 51 (#1 = most expensive), above the $1.09 national median
Rating organization
NCCINational Council on Compensation Insurance · Private insurers
Verified from official records
October 3, 2026Rates: Oregon DCBS study, June 2025
South Dakota: $1.13 per $100 of payroll. National range $0.50 (North Dakota) to $2.52 (Hawaii); median $1.09.

South Dakota's Workers' Compensation Law covers all employers with only limited exceptions, but no state law requires employers to carry the insurance. The Department of Labor and Regulation highly recommends it, since an uninsured employer may be sued in civil court by an injured worker. Coverage is written in a voluntary market, with an assigned risk market as a backstop.

Rates in effect July 1, 2023 · Oregon Department of Consumer and Business Services, 2024 study (June 2025) · Nothing you enter leaves your browser

2024 study rate for all industries in South Dakota. Edit it if your policy shows a different rate.

For the class you're pricing. Insurers rate each class code's payroll separately.

Printed on your experience rating worksheet or renewal. New or small employers that don't qualify for experience rating are rated at 1.00.

Estimated premium

$11,300

per year at an EMR of 1.00

At an average mod

$11,300

per year at an EMR of 1.00

Your EMR's impact

$0

no adjustment

Effective cost: $1.13 per $100 of payroll.

At an EMR of 1.00, your claims history neither raises nor lowers this premium.

Every claim from now on counts toward your next three renewals. IncidentLog makes the first step — a complete, same-day incident report — take about 90 seconds from a job-site QR code.

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Estimate before schedule credits or debits, premium discounts, expense constants, state assessments and minimum premiums — your insurer's quote will differ.

Who must carry workers' comp in South Dakota?

Coverage optional

Optional for most private employers

No South Dakota law requires an employer to carry it, although the Workers' Compensation Law covers all employers with only limited exceptions.

The Department of Labor and Regulation highly recommends coverage anyway: an uninsured employer may be sued in civil court by an injured worker.

Official agency

South Dakota Department of Labor and Regulation, Division of Labor and Management (DLR)

Market: Private insurers

Visit the DLR website (opens in a new tab)

South Dakota workers' comp rates by business type

Rate per $100 of payroll for common class codes in South Dakota, against the median of the 51 jurisdictions in the study.

Business type (NCCI code)South DakotaU.S. medianDifference
Office and clerical staff (8810)$0.16$0.11+45%
Retail store (8017)$1.17$1.20−3%
Restaurant (full service) (9082)$1.09$1.090%
Restaurant (fast food) (9083)$0.99$1.09−9%
Hotel (all other employees) (9052)$1.71$1.79−4%
Assisted living / retirement center (care staff) (8824)$2.19$2.03+8%
Hospital (professional staff) (8833)$0.69$0.82−16%
Electrical contractor (5190)$2.51$2.37+6%
Plumbing contractor (5183)$3.15$2.70+17%
Residential carpentry (up to 3 stories) (5645)$9.15$8.71+5%
Roofing (5551)$11.52$9.64+20%
Trucking (7219)$6.35$5.72+11%

South Dakota uses NCCI class codes. Your insurer applies the rate for your own classes, then your EMR.

What a bad EMR costs in South Dakota

Take $500,000 of payroll at South Dakota's $1.13 index rate: $5,650 a year at an average mod of 1.00.

EMR 0.85
$4,802/yr
EMR 1.25
$7,062/yr
Difference
+$2,260/yr

A claim year usually stays in the mod for three renewals, so the gap adds up to about $6,780. The mod is built from claims, and the cheapest claim is the injury caught early.

IncidentLog lets crews report an injury or near miss from a job-site QR code in about 90 seconds, so you hear about it the same shift and see patterns on your OSHA 300 log before they become claims.

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South Dakota workers' comp FAQ

Is workers' comp insurance mandatory in South Dakota?

It's optional. No South Dakota law requires an employer to carry it, although the Workers' Compensation Law covers all employers with only limited exceptions. The Department of Labor and Regulation highly recommends coverage anyway: an uninsured employer may be sued in civil court by an injured worker. Source: South Dakota Department of Labor and Regulation, Division of Labor and Management.

How are workers' comp rates set in South Dakota?

Employers buy coverage from private insurance companies. The Oregon DCBS study lists NCCI (the National Council on Compensation Insurance) as South Dakota's rating organization. Your own premium then depends on your class codes, your payroll and your experience modification rate (EMR).

What is the average workers' comp rate in South Dakota?

The Oregon Department of Consumer and Business Services's 2024 study puts South Dakota's all-industry index rate at $1.13 per $100 of payroll for rates in effect on July 1, 2023, 103% of the study's national median of $1.09. That ranks South Dakota #22 of 51 jurisdictions, where #1 is the most expensive (#25 in the 2022 study). Your own rate depends on your class codes.

Sources

Official texts behind this page (4 quotes)

An estimate for planning, not a quote, legal or insurance advice. IncidentLog is not an insurer or broker. Median rate across all industries: $1.09 per $100.