South Dakota § 62-3-11 Election to proceed against employer--Options.

South Dakota Statutes

§ 62-3-11 — Election to proceed against employer--Options.

South Dakota § 62-3-11

Title 62WORKERS' COMPENSATION

Ch. 62-3COVERED EMPLOYMENT AND EMPLOYER'S RESPONSIBILITY

This text of South Dakota § 62-3-11 (Election to proceed against employer--Options.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 62-3-11 (2026).

Text

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 may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§ 62-5-1 to 62-5-5 , inclusive. The measure of benefits shall be that provided by § 62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions.

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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 may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§ 62-5-1 to 62-5-5 , inclusive. The measure of benefits shall be that provided by § 62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions.

Legislative History

SL 1917, ch 376, § 9; RC 1919, § 9444; SDC 1939, § 64.0109; SL 1971, ch 279, § 6; SL 1974, ch 333, § 2; SDCL Supp, § 62-3-11.2; SL 1977, ch 421, § 5; SL 2008, ch 278, § 10.