62-3-2. Rights and remedies of employees limited.
The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort.
Source: SL 1917, ch 376, §5; RC 1919, §9440; SDC 1939, §64.0104; SL 1977, ch 422; SL 1978, ch 370, §2; SL 2008, ch 278, §5.
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.