Any independent contractor who is not an employer or a general contractor and is not covered under a workers’ compensation insurance policy may sign an affidavit of exempt status under the South Dakota Workers’ Compensation Law. Notwithstanding the provisions of § 62-3-10, the affidavit of exempt status creates a rebuttable presumption that the affiant is not an employee for the purposes of the South Dakota Workers’ Compensation Act and the person possessing the affidavit is not liable for a workers’ compensation claim made by the affiant or any subcontractor of the affiant.

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Terms Used In South Dakota Codified Laws 62-1-19

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 2015, ch 262, § 1.