South Dakota § 62-4-39 Compensation paid by employer--Reimbursement from damages recovered from third party.

South Dakota Statutes

§ 62-4-39 — Compensation paid by employer--Reimbursement from damages recovered from third party.

South Dakota § 62-4-39

Title 62WORKERS' COMPENSATION

Ch. 62-4COMPENSATION FOR INJURY OR DEATH

This text of South Dakota § 62-4-39 (Compensation paid by employer--Reimbursement from damages recovered from third party.) 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 § 62-4-39 (2026).

Text

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 the necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty - five percent of compensation paid, subject to § 62-7-36 .

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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 the necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty - five percent of compensation paid, subject to § 62-7-36 .