Title 62, WORKERS' COMPENSATION

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 ,…

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…

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…

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

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…

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 …

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…

The employer shall provide necessary first aid, medical, surgical, and hospital services, or other suitable and proper care including medical and surgical supplies, apparatus, artificial members, and body aids during the disability or treatment of an employee within the provision…

Within thirty days after receiving a properly submitted bill for medical payments, the employer shall: (1) Pay the charge or any portion of the bill that is not denied; (2) Deny all or a portion of the bill on the basis that the injury is not compensable, or the service or charge…

An employer that fails, refuses, or neglects to comply with the provisions of § 62-4-1.1 is subject to a administrative fine of five hundred dollars payable to the Department of Labor and Regulation for each act of noncompliance, unless the employer had good cause for noncomplian…

Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or…

All compensation provided for in §§ 62-4-3 to 62-4-7 , inclusive, shall be paid in installments at the same intervals at which the wages or earnings of the employee were paid at the time of the injury. However, if this is not feasible, then the installments shall be paid weekly. …

Failure to make any payment of workers' compensation benefits pursuant to § 62-4-10 within ten days of the date on which the payment is due shall result in an automatic penalty equal to ten percent of the unpaid amount. Nothing herein precludes any other remedy available to the c…

If an employee receives an injury for which a specific schedule of payments is provided by § 62-4-6 ; and the employee thereafter dies from causes other than the injury before the full payment of all installments due for the specific injury have been paid to the employee, the emp…

The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves a spouse, child or children, shall be paid at the rate provided by § 62-4-3 for life or until remarriage in the case of a spouse. If the spouse remarries, two y…

The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any child who is not in the custody of the surviving spouse, shall be paid at the rate provided by § 62-4-3 , with half of the amount being paid to the survivin…

For an injury to the employee resulting in death, if the employee leaves any child or children under the age of eighteen years whom the employee was under legal obligation to support at the time of the injury, in addition to the sum provided by § 62-4-12 , there shall be paid for…

The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under § 62-4-12 , and the employee leaves any parent, grandparent, or minor sibling, who were dependent upon the employee for support at the time of the employ…

The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under § 62-4-12 or 62-4-14 , and the employee leaves collateral heirs dependent at the time of the injury to the employee upon the employee's earnings, shall b…

The employer shall pay the burial expense and the expense of a headstone grave marker for an employee whose death resulted from an injury, in an amount not to exceed the sum of ten thousand dollars. If the death occurred in a foreign state or outside the community where the emplo…

The compensation, except for additional benefits for children under eighteen years of age, provided for in §§ 62-4-12 to 62-4-15 , inclusive, to be paid in case injury results in death, shall be paid in installments equal to two-thirds of the average earnings, at the same interva…

The compensation to be paid for injury which results in death, as provided in §§ 62-4-12 to 62-4-22 , inclusive, shall be paid at the option of the employer either to the personal representative of the deceased employee or to the employee's beneficiaries, and shall be distributed…

The payment of compensation by the employer to the personal representative of the deceased employee pursuant to § 62-4-18 shall relieve the employer of all obligation as to the distribution of the compensation. The personal representative shall make payment to the distributees pu…

No temporary disability benefits may be paid for an injury which does not incapacitate the employee for a period of seven consecutive days. If the seven day waiting period is met, benefits shall be computed from the date of the injury. Source: SDC 1939, § 64.0403(1); SL 1939, ch …

With the consent and approval of the secretary of labor and regulation, an employer may pay to the surviving spouse of a deceased, the compensation payable to the spouse and the minor children of the deceased under §§ 62-4-12 and 62-4-13 without the necessity of the appointment o…

No compensation is payable under §§ 62-4-12 to 62-4-22 , inclusive, to the surviving spouse of a deceased employee unless that spouse was, at the time of the death, living with the deceased employee, or was then dependent upon the deceased employee for support, or was then living…

If any dependent of a deceased employee dies, the right of the dependent to compensation under §§ 62-4-12 to 62-4-21 , inclusive, ceases. However, if the surviving spouse dies or remarries while receiving or entitled to receive such compensation, that compensation shall be payabl…

As to an employee in an employment in which it is the custom to operate throughout the working days of the year, and who was in the employment of the same employer in the same grade of employment as at the time of the injury continuously for fifty-two weeks next preceding the inj…

As to an employee in an employment in which it is the custom to operate throughout the working days of the year, but who is not covered by § 62-4-24 , the average weekly wages shall, where feasible, be ascertained by computing the total of the employee's earnings during the perio…

As to an employee in an employment in which it is the custom to operate throughout the working days of the year and where the situation is such that it is not reasonably feasible to determine the average weekly wages in the manner provided in § 62-4-24 or 62-4-25 , the average we…

As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, the average weekly wages shall be ascertained by multiplying the employee's average day's earnings by number of days which it is customary in such empl…

As to an employee who earns either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the average weekly wages shall be reckoned according to the average weekly wages of adults of the same class in the same or, if that is impr…

As to an employee who before the accident for which the employee claims compensation was disabled and drawing compensation under the terms of this title, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caus…

For purposes of subsequent injury fund claims for reimbursement, notwithstanding any other provision of this title, the term, claimant, refers to any person making a claim for reimbursement, including an insurance carrier of an employer, or an employer, if self - insured. Source:…

The amount of temporary total disability compensation paid to an employee for an injury is equal to sixty - six and two - thirds percent of the employee's earnings, but not more than one hundred percent computed to the next higher multiple of one dollar of the average weekly wage…

For the purpose of § 62-4-3 the average weekly wage in the state shall be determined by the Department of Labor and Regulation as follows: On or before June first of each year, the total wages reported on contribution reports to the agency administering the Employment Security Ac…

To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant to §§ 62-4-24 to 62-4-29 , inclusive, and such amount divided by the number of installment periods per annum. Source: SL 1917, ch 376 , § 26; RC 1919, § 9461 (9…

The term, working week, for the purposes of §§ 62-4-24 to 62-4-30 , inclusive, means the number of days contemplated by the employment to be worked by the employee during each calendar week. Source: SDC 1939, § 64.0405; SL 2008, ch 278 , § 28.

Administration of the subsequent injury fund by the Division of Insurance and reimbursement of complete and valid claims shall continue until approved, denied, or settled. No claim for reimbursement from the subsequent injury fund may be filed based on a subsequent injury that oc…

No compensation may be allowed for any injury or death due to the employee's willful misconduct, including intentional self-inflicted injury, intoxication, illegal use of any schedule I or schedule II drug, or willful failure or refusal to use a safety appliance furnished by the …

If an injury for which compensation is payable under this title has been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at the employee's option, either claim compensatio…

If compensation has been awarded and paid under this title and the employee has recovered damages from another person, the employer having paid the compensation may recover from the employee an amount equal to the amount of compensation paid by the employer to the employee, less …

If compensation is awarded under this title, the employer having paid the compensation, or having become liable therefor may collect in the employer's own name or that of the injured employee, or the employer's personal representative, if deceased, from any other person against w…

All rights of compensation granted by this title shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed for any unpaid wages for labor. Source: SL 1917, ch 376 , § 14; RC 1919, § 9449; SDC 1939, § 64.0303.

No claim for compensation under this title is assignable, and all compensation and claims therefor are exempt from all claims of creditors except those for child and spousal support obligations. Source: SL 1917, ch 376 , § 15; RC 1919, § 9450; SDC 1939, § 64.0304; SL 1986, ch 218…

The employee may make the initial selection of the employee's medical practitioner or surgeon from among all licensed medical practitioners or surgeons in the state. The employee shall, prior to treatment, notify the employer of the choice of medical practitioner or surgeon or as…