62-3-11. Election to proceed against employer--Options.Any employee, who is employed by an employer who is deemed not to operate under this title in accordance with §62-5-7, or the dependents of such deceased employee, may elect to proceed against the employer in any action at law to recover damages for personal injury or death; or may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§62-5-1 to 62-5-5, inclusive. The measure of benefits shall be that provided by §62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions. Source: SL 1917, ch 376, §9; RC 1919, §9444; SDC 1939, §64.0109; SL 1971, ch 279, §6; SL 1974, ch 333, §2; SDCL Supp, §62-3-11.2; SL 1977, ch 421, §5; SL 2008, ch 278, §10.
South Dakota Legal Code