South Dakota Farms Not Required to Carry Workers’ Compensation

After an 8-ton tractor left a South Dakota farm employee severely injured, his wife was left to deal with the medical bills and insurance claims. In South Dakota, farms are not required to carry Worker’s Compensation Insurance on their employees.

In this instance, the farm did not have workers’ comp insurance. The injured man was able to survive his horrific accident after four months of treatment at the Mayo Clinic in Rochester, MN. However, his family was now $80,000 in debt and left with no recourse to recover that money as the farm was not negligible and neither was the tractor.

Unfortunately, the rising costs of health care and the legal exemption in many states has caused many farms to cancel their workers’ compensation insurance. In Alaska, farms are required to cover their full-time employees, however, they are not required to cover their part-time, seasonal workers.

If you have been injured in a work-related accident, be sure to contact an experienced personal injury lawyer to help ensure you receive the proper compensation you are due.

Nearly all employers are required to carry worker’s compensation insurance. Below are some exceptions in Alaska from the Division of Workers’ Compensation:

There are few exceptions to those who need to be covered under a workers’ compensation policy. Generally speaking, those include: sole proprietors in a sole proprietorship; general partners in a partnership; executive officers in a nonprofit corporation, members in a member managed limited liability company, part-time baby-sitters, cleaning persons (non-commercial), harvest help and similar part-time/transient help, sports officials for amateur events, contract entertainers, commercial fishers, taxicab drivers whose compensation is by contractual arrangement, a participant in the Alaska temporary assistance program, and professional hockey team players and coaches if those persons are covered under a health care insurance plan. In addition, executive officers in a for-profit corporation may exempt themselves by filing an Executive Officer Waiver with the department.

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