No claim for disability or death from silicosis may be maintained or prosecuted otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless the employee has been injuriously exposed to the inhalation of silica dust over a period of not less than two years, and has been in this state, under a contract of employment existing in this state. However, if the employee has been employed by the same employer during the whole of the two-year period, the employee’s right to compensation against the employer is not affected by the fact that the employee had been employed during any part of the period outside of this state.

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Terms Used In South Dakota Codified Laws 62-8-14

  • Contract: A legal written agreement that becomes binding when signed.
  • 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, § 64.0808 as enacted by SL 1947, ch 426; SL 1976, ch 322, § 4; SL 2008, ch 278, § 56.