Employer's report of injury--Failure to report as misdemeanor.

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62-6-2. Employer's report of injury--Failure to report as misdemeanor.

An employer covered by the provisions of this title who has knowledge of an injury that requires medical treatment other than minor first aid or that incapacitates the employee for seven or more calendar days shall file a written report with:

(1)The Department of Labor and Regulation when the employer is self-insured under §62-5-5; or

(2)The employer's insurer when the employer has insured the liability under §62-5-2 or 62-5-3.

The report shall be filed within seven calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury, unless the employer had good cause for failing to file the written report within the seven-day period. The report shall be made on a form approved by the Department of Labor and Regulation. Any employer who fails to file a report as required by this section is guilty of a Class 2 misdemeanor and is subject to an administrative fine of one hundred dollars payable to the Department of Labor and Regulation.

Source: SDC 1939, §§64.0505, 64.9901; SL 1970, ch 280; SL 1978, ch 359, §9; SL 1980, ch 365, §1; SL 1983, ch 387, §1; SL 1994, ch 396, §14; SL 1999, ch 261, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.


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