South Dakota § 23A-28B-25 - Circumstances not permitting award of compensation.

§ 23A-28B-25. Circumstances not permitting award of compensation.

No claim for compensation may be awarded:

(1)    Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown;

(2)    If the victim:

(a)    Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22; human trafficking under chapter 22-49; domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46;

(b)    Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;

(c)    Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or

(3)    To any claimant, if the award would unjustly benefit an offender or an accomplice.

Source: SL 1991, ch 201, § 25; SL 2018, ch 145, §§ 2, 8.