Every employer of workers subject to the workers' compensation law is subject to the provisions of this chapter and shall secure the payment of compensation in accordance with the provisions of this chapter by any method prescribed by the workers' compensation law at the time in effect in this state. If the foregoing requirement is complied with, the liability of the employer under this chapter is exclusive and in place of any other civil liability, at common law or otherwise to such employee, or to the employee's spouse, children, parents, dependents, next of kin, personal representatives, guardian, conservator, or any others on account of any disease or injury to health, or on account of death from any disease or injury to health in any way contracted, sustained, aggravated, or incurred by the employee in the course of, or because of, or arising out of employment, except only an injury compensable as an injury by accident under the provisions of the workers' compensation law.
S.D. Codified Laws § 62-8-6
Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy
Applied in 4 court decisions — leading case Champion v. United States Fidelity & Guaranty Co. (1987)
Most recently applied in Olson-Roti v. Kilcoin (October 2002)
Source: SDC 1939, § 64.0803 as enacted by SL 1947, ch 426; SL 1971, ch 286, § 3; SL 1993, ch 213, § 264; SL 2008, ch 278, § 54.
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.