9 chapters · 245 sections in this title.
SDCL § 62-3-1 Measure of responsibility assumed by employer
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The compensation provided by this title is the measure of responsibility which the employer has assumed for injuries to or death of any employee. Source: SL 1917, ch 376 , § 27; RC 1919, § 9462; SDC 1939, § 64.0103; SL 2008, ch 278 , § 4.
SDCL § 62-3-10 Liability to subcontractor's employee
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A principal, intermediate, or subcontractor is liable for compensation to any employee injured while in the employ of any subcontractor and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor…
SDCL § 62-3-11 Election to proceed against employer--Options
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Any employee, who is employed by an employer who is deemed not to operate under this title in accordance with § 62-5-7 , or the dependents of such deceased employee, may elect to proceed against the employer in any action at law to recover damages for personal injury or death; or…
SDCL § 62-3-12 SDCL 62-3-12
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Repealed by SL 1971, ch 279 , § 7.
SDCL § 62-3-13 Penalty for failure to perform statutory duty unaffected
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Nothing in this title may be construed to relieve any employer or employee from any penalty imposed for failure or neglect to perform any statutory duty in connection with such employment. Source: SL 1917, ch 376 , § 6; RC 1919, § 9441; SDC 1939, § 64.0111; SL 2008, ch 278 , § 11…
SDCL § 62-3-14 Reciprocity with other states
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In any case where another state shall recognize workers' compensation coverage pursuant to the provisions of the South Dakota law as meeting the requirements of workers' compensation coverage under the laws of that state, reciprocity shall be granted worker's compensation coverag…
SDCL § 62-3-15 Exemption of domestics, agricultural laborers or workfare participants
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Except as provided in §§ 28-1-59 , 62-3-16 , and 62-3-17 , this title does not apply to: (1) Domestic servants unless working for an employer for more than twenty hours in any calendar week and for more than six weeks in any thirteen - week period; or (2) Farm or agricultural lab…
SDCL § 62-3-16 Agricultural work subject to title--Liability insurance required
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The provisions of this title, not inconsistent with the provisions of this section, apply to the business of operating threshing machines, grain combines, corn shellers, cornhuskers, shredders, silage cutters, and seed hullers for profit, but do not apply to the operation of any …
SDCL § 62-3-17 Voluntary waiver of exemption by insuring liability
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As to any employee excepted under § 62-3-15 , the employer may place himself or herself under the provisions of this title by voluntarily insuring his or her liability as provided in §§ 62-5-1 to 62-5-5 , inclusive. Source: SL 1923, ch 312 ; SDC 1939, § 64.0201; SL 1974, ch 333 ,…
SDCL § 62-3-18 Obligation created by title not waived by contract
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No contract or agreement, express or implied, no rule, regulation, or other device, may in any manner operate to relieve any employer in whole or in part of any obligation created by this title except as provided by this title. Source: SL 1917, ch 376 , § 13; RC 1919, § 9448; SDC…
Rights and remedies of employees limited
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The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next o…
SDCL § 62-3-3 Employer and employee bound by provisions of title--Exceptions
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Every employer and employee shall be presumed to have accepted the provisions of this title, and shall be thereby bound, whether injury or death resulting from such injury occurs within this state or elsewhere, except as provided by §§ 62-3-4 to 62-3-5.1 , inclusive. Source: SL 1…
SDCL § 62-3-4 Employment covered by federal compensation law not subject to title
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Other than chapter 62-6 , this title does not apply to any employee engaged in interstate or foreign commerce, or to any such employee's employer, in any case where the laws of the United States provide for compensation, or for liability for injury or death by accident of the emp…
SDCL § 62-3-5 Security required for acceptance of title
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No employer other than the state, a municipality, or other political subdivision of this state may be deemed to have accepted the provisions of this title unless the employer has complied with the provisions of §§ 62-5-1 to 62-5-5 , inclusive. Source: SDC 1939, § 64.0105 (2); SL …
SDCL § 62-3-5.1 Notice by corporate officer rejecting coverage--Withdrawal of rejection
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Section 62-3-3 does not apply to an executive officer of a corporation who, at the time of the officer's election or appointment, or more than thirty days prior to the officer's injury or death or, in the case of chapter 62-8 , thirty days prior to contracting or incurring any oc…