South Dakota Statutes
§ 62-4-38 — Right of action when third person is liable--Election by employee--Offset of recovered damages.
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 compensation or proceed at law against such other person to recover damages or proceed against both the employer and such other person. However, in the event the injured employee recovers any like damages from such other person, the recovered damages shall be an offset against any workers' compensation which the employee would otherwise have been entitled to receive.
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South Dakota § 62-4-38 (Right of action when third person is liable--Election by employee--Offset of recovered damages.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Blumhardt v. Hartung
283 N.W.2d 229 (South Dakota Supreme Court, 1979)
Dakota Plains AG Center, LLC v. Smithey
2009 SD 78 (South Dakota Supreme Court, 2009)
Andreson v. Brink Electric Construction Co.
1997 SD 104 (South Dakota Supreme Court, 1997)
Kaiser v. North River Insurance Co.
2000 SD 15 (South Dakota Supreme Court, 2000)
Legislative History
SDC 1939, § 64.0301; SL 1964, ch 224; SL 1994, ch 398.
Nearby Sections
15
§ 62-1-1
Definition of terms.§ 62-1-1.1
Medical practitioner defined.§ 62-1-1.2
Determining impairment.§ 62-1-11
Requirements for owner§ 62-1-13
Election of owner§ 62-1-14
Promulgation of rules.§ 62-1-2
Employer defined.