An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless a claim is filed with the Department of Labor and Regulation within two years after the claimant becomes disabled from such disease, or in the case of death from such disease, within two years of the date of such death. However, any prepaid lump sum payments made to the claimant during his lifetime for permanent total disability shall be accredited to the payments made for death benefits.

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Terms Used In South Dakota Codified Laws 62-8-11

  • 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

Source: SDC 1939, § 64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, § 1; SL 1971, ch 286, § 8; SL 1976, ch 323; SL 1993, ch 375, § 39C; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.