Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption

62-1-19. Independent contractor affidavit of exempt status--Rebuttable presumption.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. Source: SL 2015, ch 262, §1.