A worker, seeking employment and having knowledge or being informed that the worker is affected with a nondisabling silicosis, who nevertheless voluntarily prefers to work in an occupation where the worker’s disease may become aggravated, may, with the approval of the department, enter into a contract with the worker’s prospective employer, waiving all claims for compensation or damages under this chapter or otherwise.

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Terms Used In South Dakota Codified Laws 62-8-25

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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, § 64.0815 as enacted by SL 1947, ch 426; SL 2008, ch 278, § 66.