An Act to modify the amount of time to report an injury for workers' compensation.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 62-7-10 be AMENDED:
62-7-10.
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
provide written
notice of the injury
shall be provided
to the employer no later than
three business
thirty 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
(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
thirty day
period, which determination shall be liberally construed in favor of
the employee.