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.
S.D. Codified Laws § 62-3-11
Election to proceed against employer--Options
Applied in 9 court decisions — leading case Martin v. American Colloid Co. (2011)
Most recently applied in Martin v. American Colloid Co. (September 2011)
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.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.