South Dakota Codified Laws
Chapter 01 - Definitions And General Provisions
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.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 62 - Workers' Compensation

Chapter 01 - Definitions And General Provisions

Section 62-1-1 - Definition of terms.

Section 62-1-1.1 - Medical practitioner defined.

Section 62-1-1.2 - Determining impairment.

Section 62-1-1.3 - Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.

Section 62-1-2 - Employer defined.

Section 62-1-3 - Employee defined.

Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.

Section 62-1-4.1 - Elementary, secondary and technical college students not employees--Exception for work in vocational education.

Section 62-1-5 - Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.

Section 62-1-5.1 - Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.

Section 62-1-5.2 - Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.

Section 62-1-6 - Conservation officers acting as law enforcement officers.

Section 62-1-7 - Executive officers as employees of corporations--Exception as to nonprofit corporations.

Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.

Section 62-1-9 - Citation of title.

Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.

Section 62-1-11 - Requirements for owner-operator of vehicle for certification as independent contractor.

Section 62-1-12 - Issuance of certificate of independent contractor status to owner-operator of certain vehicles.

Section 62-1-13 - Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.

Section 62-1-14 - Promulgation of rules.

Section 62-1-15 - Evidence of injury supported by medical findings.

Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.

Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.

Section 62-1-18 - Current employer liable for costs and compensation of subsequent compensable injury.

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

Section 62-1-20 - Contents of affidavit of exempt status.

Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.

Section 62-1-22 - Acceptance of affidavit of exempt status not required.

Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.

Section 62-1-24 - Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.

Section 62-1-25 - Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.