If a work-related injury causes death, compensation is payable to the employee's spouse at the rate of 66.67 percent of the employee's average weekly wage (with overtime included at the straight rate). If the spouse remarries, a lump sum equal to two years of compensation will be paid. If there are eligible surviving children of the employee, the compensation becomes payable to them two years after the date of remarriage.
If the only survivors are children, the child or children receive compensation at the rate of 66.67 percent of the average weekly wage of the employee until age 18 (or age 22 if a full-time student). If a child is physically or mentally incapable of self-support, benefits will be paid for the life of the child.
An additional $50 per month must be paid to each legally dependent child of the deceased employee from the date of the employee's death until that child reaches the age of 18 years. A deceased employee's dependents are each also entitled to $2,000 a year for up to five years if they are enrolled full-time at an accredited post-secondary educational institution in South Dakota.
Worker's compensation also provides up to $10,000 in burial expenses, plus the cost of transporting the body if death occurs outside the community where the employee is to be buried.
The information provided on this Web page should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.
South Dakota Department of Labor and Regulation
Division of Labor and Management
700 Governors Drive
Pierre, SD 57501