62-3-1      Measure of responsibility assumed by employer.
62-3-2      Rights and remedies of employees limited.
62-3-3      Employer and employee bound by provisions of title--Exceptions.
62-3-4      Employment covered by federal compensation law not subject to title.
62-3-5      Security required for acceptance of title.
62-3-5.1      Notice by corporate officer rejecting coverage--Withdrawal of rejection.
62-3-6 to 62-3-9. Repealed.
62-3-10      Liability to subcontractor's employee.
62-3-11      Election to proceed against employer--Options.
62-3-11.1, 62-3-11.2. Repealed.
62-3-12      Repealed.
62-3-13      Penalty for failure to perform statutory duty unaffected.
62-3-14      Reciprocity with other states.
62-3-15      Exemption of domestics, agricultural laborers or workfare participants.
62-3-16      Agricultural work subject to title--Liability insurance required.
62-3-17      Voluntary waiver of exemption by insuring liability.
62-3-18      Obligation created by title not waived by contract.

62-3-1. Measure of responsibility assumed by employer.

The compensation provided by this title is the measure of responsibility which the employer has assumed for injuries to or death of any employee.

Source: SL 1917, ch 376, § 27; RC 1919, § 9462; SDC 1939, § 64.0103; SL 2008, ch 278, § 4.

62-3-2. Rights and remedies of employees limited.

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 of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort.

Source: SL 1917, ch 376, § 5; RC 1919, § 9440; SDC 1939, § 64.0104; SL 1977, ch 422; SL 1978, ch 370, § 2; SL 2008, ch 278, § 5.

62-3-3. Employer and employee bound by provisions of title--Exceptions.

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 62-3-5.1, inclusive.

Source: SL 1917, ch 376, §§ 2, 18; RC 1919, §§ 9437, 9453; SDC 1939, § 64.0105; SL 1971, ch 279, § 1; SL 1978, ch 370, § 3.

62-3-4. Employment covered by federal compensation law not subject to title.

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 employee.

Source: SL 1917, ch 376, § 17; RC 1919, § 9452; SDC 1939, § 64.0105 (1); SL 2008, ch 278, § 6.

62-3-5. Security required for acceptance of title.

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 2008, ch 278, § 7.

62-3-5.1. Notice by corporate officer rejecting coverage--Withdrawal of rejection.

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 occupational disease, serves upon the corporation, personally or by certified mail, written notice of election to reject the provisions of this title. The rejection may be withdrawn by the officer by serving a written notice in the same manner upon the corporation 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 occupational disease.

Source: SDCL § 62-3-3 as added by SL 1971, ch 279, § 1; SL 1978, ch 370, § 4; SL 2008, ch 278, § 8.

62-3-6 to 62-3-9. Repealed by SL 1971, ch 279, §§ 2 to 5.

62-3-10. Liability to subcontractor's employee.

A principal, intermediate, or subcontractor is liable for compensation to any employee injured while in the employ of any subcontractor and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor who pays compensation under the provisions of this section may recover the amount paid from any person, who, independently of this section, would have been liable to pay compensation to the injured employee. Each claim for compensation under this section shall in the first instance be presented to and instituted against the immediate employer, but such proceeding does not constitute a waiver of the employee's rights to recover compensation under this title from the principal or intermediate contractor. However, the collection of full compensation from one employer bars recovery by the employee against any others. The employee may not collect from all a total compensation in excess of the amount for which any contractor is liable. This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under the contractor's control or management.

Source: SL 1917, ch 376, § 12; RC 1919, § 9447; SDC 1939, § 64.0108; SL 2008, ch 278, § 9.

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

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.

Source: 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.

62-3-11.1, 62-3-11.2. Repealed by SL 1977, ch 421, § 6.

62-3-12. Repealed by SL 1971, ch 279, § 7.

62-3-13. Penalty for failure to perform statutory duty unaffected.

Nothing in this title may be construed to relieve any employer or employee from any penalty imposed for failure or neglect to perform any statutory duty in connection with such employment.

Source: SL 1917, ch 376, § 6; RC 1919, § 9441; SDC 1939, § 64.0111; SL 2008, ch 278, § 11.

62-3-14. Reciprocity with other states.

In any case where another state shall recognize workers' compensation coverage pursuant to the provisions of the South Dakota law as meeting the requirements of workers' compensation coverage under the laws of that state, reciprocity shall be granted worker's compensation coverage pursuant to the foreign law in this state.

Source: SDC 1939, § 64.0113 as enacted by SL 1951, ch 466.

62-3-15. Exemption of domestics, agricultural laborers or workfare participants.

Except as provided in §§ 28-1-59, 62-3-16, and 62-3-17, this title does not apply to:

(1)    Domestic servants unless working for an employer for more than twenty hours in any calendar week and for more than six weeks in any thirteen-week period; or

(2)    Farm or agricultural laborers; or

(3)    Work activity participants.

Source: SDC 1939, § 64.0201; SL 1974, ch 333, § 5; SL 1975, ch 323, § 1; SL 1982, ch 202, § 2B; SL 1997, ch 166, § 26.

62-3-16. Agricultural work subject to title--Liability insurance required.

The provisions of this title, not inconsistent with the provisions of this section, apply to the business of operating threshing machines, grain combines, corn shellers, cornhuskers, shredders, silage cutters, and seed hullers for profit, but do not apply to the operation of any thereof by the owner thereof for the threshing, combining, corn shelling, cornhusking, shredding, silage cutting, or seed hulling of the owner's grain crops, nor to any operations in the nature of exchange of work between farmers, nor to persons who are not generally engaged in the operation of such machines for commercial purposes. Before any person engaging in such business, and being under the provisions of this title, shall operate any such machine, the person shall secure liability under this title as provided in §§ 62-5-1 to 62-5-5, inclusive. Any contract by any such person for threshing or combining of any grain, corn shelling, cornhusking, shredding, silage cutting, and seed hulling by machinery without first having procured and filed such policy or such certificate, is null and void, and no compensation is recoverable under the contract.

Source: SL 1919, ch 362; SL 1921, ch 423; SL 1931, ch 269; SDC 1939, § 64.0201; repealed SL 1974, ch 333, § 7; re-enacted SL 1975, ch 323, § 2; SL 2008, ch 278, § 12.

62-3-17. Voluntary waiver of exemption by insuring liability.

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, § 6; SL 2008, ch 278, § 13.

62-3-18. Obligation created by title not waived by contract.

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 1939, § 64.0302; SL 2008, ch 278, § 14.