{"parents":[{"StatuteId":2078123,"Type":"Title","Statute":"62"},{"StatuteId":2078195,"Type":"Chapter","Statute":"3"},{"StatuteId":2078186,"Type":"Section","Statute":"11"}],"Previous":"62-3-10","Next":"62-3-11.1","StatuteId":2078186,"Statute":"62-3-11","Type":"Section","CatchLine":"Election to proceed against employer--Options. ","FilePath":null,"FileName":null,"Htmlpath":null,"Htmlfilename":null,"Title":62,"TitleLetter":null,"Chapter":3,"ChapterLetter":null,"Section":11,"SubSec":0,"SubSection":null,"Word":null,"Html":"

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.

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