South Dakota § 62-4-12.1 Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

South Dakota Statutes

§ 62-4-12.1 — Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

South Dakota § 62-4-12.1

Title 62WORKERS' COMPENSATION

Ch. 62-4COMPENSATION FOR INJURY OR DEATH

This text of South Dakota § 62-4-12.1 (Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.) 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 § 62-4-12.1 (2026).

Text

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 surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self - support, or until age twenty - two for any child enrolled as a full - time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse.

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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 surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self - support, or until age twenty - two for any child enrolled as a full - time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse.