South Dakota Accidents

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arising out of employment

You just got a letter that says your injury did not "arise out of employment," so your workers' compensation claim is denied. That phrase means there must be a real connection between the job and the injury-producing risk. Getting hurt at work is not always enough. The question is whether the work exposed you to the danger, increased the risk, or put you in the place where the injury happened for a work-related reason.

A lot of bad advice boils this down to "if it happened on the clock, it counts." Not necessarily. A fall in a break room, a parking lot crash, a fight, or an injury during travel can turn into a dispute over whether the job actually caused the risk or whether it came from a personal condition or off-duty activity. Employers and insurers often lean hard on that distinction when they want to avoid paying benefits.

In South Dakota, this wording matters because a compensable injury generally must both arise out of and occur in the course of employment under South Dakota workers' compensation law, including SDCL 62-1-1. South Dakota also uses a "major contributing cause" standard for many claims, which can make borderline cases harder to prove. If the insurer says the injury was personal, idiopathic, or unrelated to work, that can block medical benefits, wage-loss benefits, and even a later appeal unless the facts tie the risk back to the job.

by Sandra Fischer on 2026-03-30

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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