62-3-10. Liability to subcontractor's employee.
A principal, intermediate, or subcontractor is liable for compensation to any employee injured while in the employ of any subcontractor and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor who pays compensation under the provisions of this section may recover the amount paid from any person, who, independently of this section, would have been liable to pay compensation to the injured employee. Each claim for compensation under this section shall in the first instance be presented to and instituted against the immediate employer, but such proceeding does not constitute a waiver of the employee's rights to recover compensation under this title from the principal or intermediate contractor. However, the collection of full compensation from one employer bars recovery by the employee against any others. The employee may not collect from all a total compensation in excess of the amount for which any contractor is liable. This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under the contractor's control or management.
Source: SL 1917, ch 376, §12; RC 1919, §9447; SDC 1939, §64.0108; SL 2008, ch 278, §9.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 03 - Covered Employment And Employer's Responsibility
Section 62-3-1 - Measure of responsibility assumed by employer.
Section 62-3-2 - Rights and remedies of employees limited.
Section 62-3-3 - Employer and employee bound by provisions of title--Exceptions.
Section 62-3-4 - Employment covered by federal compensation law not subject to title.
Section 62-3-5 - Security required for acceptance of title.
Section 62-3-5.1 - Notice by corporate officer rejecting coverage--Withdrawal of rejection.
Section 62-3-10 - Liability to subcontractor's employee.
Section 62-3-11 - Election to proceed against employer--Options.
Section 62-3-13 - Penalty for failure to perform statutory duty unaffected.
Section 62-3-14 - Reciprocity with other states.
Section 62-3-15 - Exemption of domestics, agricultural laborers or workfare participants.
Section 62-3-16 - Agricultural work subject to title--Liability insurance required.
Section 62-3-17 - Voluntary waiver of exemption by insuring liability.
Section 62-3-18 - Obligation created by title not waived by contract.