South Dakota § 62-4-40 - Recovery by employer from third party--Excess held for employee.
Full text of South Dakota South Dakota Codified Laws § 62-4-40 — Recovery by employer from third party--Excess held for employee., with citation guidance and answers to common questions.
§ 62-4-40. Recovery by employer from third party--Excess held for employee.
If compensation is awarded under this title, the employer having paid the compensation, or having become liable therefor may collect in the employer's own name or that of the injured employee, or the employer's personal representative, if deceased, from any other person against whom legal liability for damage exists, the amount of the liability. The employer shall hold for the benefit of the injured employee or the employee's personal representative, if deceased, the amount of damages collected in excess of the amount of compensation paid the employee or the employee's representative, less the proportionate necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty-five percent of damages so collected, and shall be subject finally to the approval of the department.
Source: SL 1917, ch 376, § 11; RC 1919, § 9446; SL 1921, ch 416; SDC 1939, § 64.0301; SL 1964, ch 224; SL 2008, ch 278, § 31.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 62-4-40
What does South Dakota Codified Laws § 62-4-40 cover?
Section 62-4-40 ("Recovery by employer from third party--Excess held for employee.") 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 § 62-4-40?
A common citation format is "South Dakota Codified Laws § 62-4-40" (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 § 62-4-40 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.