South Dakota Codified Laws 62-8-6. Employers and workers subject to chapter–Security for compensation–Right tocompensation as exclusive remedy
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.
Terms Used In South Dakota Codified Laws 62-8-6
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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.