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
must provide written
notice of the injury
shall be provided
to the employer no later than
three
fifteen
business 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
fifteen
business day period.,
which
The good cause
determination
shall
must be
liberally construed in favor of the employee.