Employers Liability Insurance South Dakota

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Employers Liability Insurance South Dakota Policy Information

SD Employers Liability Insurance

Employers Liability Insurance South Dakota. Most business owners know the importance of workers compensation insurance to protect themselves from claims for injury by those they employ. However, businesses have realized that workers comp doesn't cover everything. The exceptions in this widely mandated employee benefit have prompted businesses to develop a companion product called employers liability insurance.

Employers liability insurance South Dakota covers you against compensation claims arising from employee illness or injury, sustained as they work for you.

Employers Liability insurance South Dakota protects your business from lawsuits with rates as low as $47/mo. Get a fast quote and your certificate of insurance now.

Building Your Employers Liability Insurance Policy

Employers Liability Insurance is compulsory for any business that has one or more direct employees. This includes full-time and part-time employees, self-employed contractors you hire, temporary staff, apprentices, volunteers and people taking part in work experience or on the job training.

Most policies extend the definition of a direct employee to include: labor-only sub-contractors or persons supplied by them, self-employed persons, persons hired or borrowed by the insured under agreement or persons engaged in training, education or work experience. This means that claims against your business under these categories will be indemnified by your employers liability insurance South Dakota, providing you are covered.

Some SD employers are exempted from this type of insurance. These include; a limited company where only 1 person is employed and that person also owns more than 50% of the share capital; a company which is not limited and has only 1 employee (sole trader) who is the principal of the business; a company which is not limited and of more than 1 employee where employees are close family members; and partnerships where the directors are equal partners in the business and do not employ others.

How ELI Works

Employers liability insurance South Dakota typically involves one of these types of claims:

  • Third-Party Over Actions. In this case, another party which was held accountable for your employee's injuries files this law suit against your company. So say, for instance, one of your workers was injured while equipment you hadn't properly maintained. The worker sues the producer of the equipment, then the manufacturer turns this around to sue you for negligence.
  • Loss of Consortium. The spouse of an injured worker files this law suit.
  • Dual-Capacity Suits. A worker can file this law suit against their employers if an item the employer manufactures caused their injury.
  • Consequential Bodily Injury. This applies when a family member of your employee suffers bodily injury caused by the employee's injuries.

Employer's Liability Insurance Claims

ELI claims wide-ranging. They can and do arise from ex-employees as well as current ones. They can be brought due to a wide range of physical and psychological injuries and/or industrial diseases sustained during the course of employment. Such claims should never be taken lightly or disregarded. Even a minor injury can cost thousands to deal with while more serious injuries or illnesses, can easily lead to claims in the tens or hundreds of thousands of dollars. Some examples are:

  • Mental injury or stress not accompanied by any physical injury.
  • Nervous shock or fright not accompanied by any physical injury (this may result in serious illness, such as heart attack or stroke).
  • Disease brought on over time (e.g. exposure to the elements or extremes of temperature).

Why Do I Need SD Employers Liability Insurance?

Accidents happen, accusations are made, lawyers get involved and people want compensation. Rightly or wrongly these things happen every day and, sooner or later, you will be on the receiving end. A claim won't go away if you ignore it. And there are no shortcuts. So you need employers' liability insurance because you have a business to run; because you have limited funds; because you're not legally trained; and because your reputation matters.

Employers liability insurance South Dakota is not generally bought by itself. This is because when you have direct employees you almost certainly require SD workers comp. You can buy ELI directly from an insurer or from a specialist broker. The exact cost of the premium is based on a number of factors including the line of the business, the number of people you employ and your previous insurance claims history.

South Dakota Economic Data, Regulations And Limits On Commercial Insurance

Made In South Dakota

When thinking about opening a business, there are a lot of factors that need to be taken into consideration. Of these factors, location is one of the most crucial. In order for your business to thrive, the area where you set up shop must offer a favorable economy and a market that will benefit from the products and/or services you provide.

Assessing the unemployment rate and the top industries that are thriving in a particular state can help you determine if a particular location will be beneficial for your venture. Additionally, it's important to have an understanding of the types of commercial insurance policies you'll need to carry to protect yourself and others you interact with, as well as to ensure you are complaint with the law.

If you're thinking about starting a business in South Dakota, read on for an overview of the economic trends and commercial insurance requirements in the Mount Rushmore State.

Economic Trends For Business Owners In South Dakota

According to the Bureau of Labor Statistics, the unemployment rate in South Dakota was 3.2% in December of 2019. While this is marginally higher than the 2.9% of July, 2019, it is still .03% lower than the national average, which was 3.5% in the last month of the year.

The low unemployment rate indicates that the state offers healthy conditions for prospective business owners who are considering establishing a company in the Mount Rushmore State.

There are several areas within the state that are seeing a spike in business development, including large metropolitan areas, as well as some smaller cities and suburban regions. The best places to open a business in South Dakota include:

  • Aberdeen
  • Brookings
  • Mitchell
  • Pierre
  • Rapid City
  • Sioux Falls
  • Sturgis
  • Watertown

Compared to the large, open expanses that South Dakota is famous for, the above-mentioned areas are easily accessible and more densely populated; hence why they're ideal for business endeavors.

There are several industries that are seeing significant gains in SD. Some of the largest industries include:

  • Agriculture, fishing, and forestry
  • Casino gaming
  • Energy
  • Hospitality and tourism
  • Logistics
  • Manufacturing
  • Mining
  • Services and labor
  • Transportation
Commercial Insurance Requirements In South Dakota

The South Dakota Division of Insurance regulates insurance in SD. South Dakota mandates very few forms of insurance coverage by law. They enforce worker's compensation.

South Dakota requires you to have worker's compensation insurance if you hire even one employee on a regular basis. This includes part-time employees, family members, minors, and immigrant employees. It is not required for independent contractors or domestic employees, though you should check to make sure any contractors you have are true contractors, and not employees.

South Dakota also requires all business-owned vehicles to be covered by commercial auto insurance. Other types of business insurance that business owners should carry depend on the specific industry.

Additional Resources For Small Business Insurance

Protect your company and employees with the right commercial insurance policies. Read informative articles on small business insurance coverages - and how they can help shield your company from legal liabilities.


Small Business Commercial Insurance

Your small business faces many potential disasters including: fire, floods, theft, equipment breakdown, lawsuits from clients or customers and current & former employees. Any many other risks you haven't even thought about.

A small business commercial insurance program should provide protection for both larger and smaller disasters. The obvious things like fire, flood and theft most business owners think about... but what if a hacker infects your computers with a virus - and files containing private customer information like credit card and Social Security numbers are stolen?

Who is going to pay to fix your customers credit rating etc...? Will your insurance pay for the cost? You need to know that.

Your commercial insurance program should cover events that can close down your company, or cause it to lose revenue. Anything less than that is not enough coverage. Commmercial insurance doesn't cover everything, and all policies have exclusions and limits.

You need a written plan that allows you to get your operations back up and running as quick as possible.


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Also learn about South Dakota small business insurance requirements for general liability, business property, commercial auto & workers compensation including SD business insurance costs. Call us (605) 205-5099.

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