South Dakota § 62-3-11 - Election to proceed against employer--Options.
Full text of South Dakota South Dakota Codified Laws § 62-3-11 — Election to proceed against employer--Options., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 62-3-11
What does South Dakota Codified Laws § 62-3-11 cover?
Section 62-3-11 ("Election to proceed against employer--Options.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 62-3-11?
A common citation format is "South Dakota Codified Laws § 62-3-11" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 62-3-11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.