62-4-18. Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.
The compensation to be paid for injury which results in death, as provided in §§62-4-12 to 62-4-22, inclusive, shall be paid at the option of the employer either to the personal representative of the deceased employee or to the employee's beneficiaries, and shall be distributed to the heirs who formed the basis for determining the amount of compensation to be paid by the employer, the distributees' share to be in proportion of their respective dependency at the time of the injury on the earnings of the decedent. In the judgment of the court appointing the personal representative, a child's distributive share may be directed paid to the parent for the support of the child.
Source: SL 1917, ch 376, §23; RC 1919, §9458 (6); SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, §21.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 04 - Compensation For Injury Or Death
Section 62-4-1 - Medical and hospital expense.
Section 62-4-1.1 - Employer's duties upon receipt of medical bill.
Section 62-4-1.2 - Fine for noncompliance.
Section 62-4-1.3 - Release of medical records.
Section 62-4-2 - Waiting period for temporary disability benefits.
Section 62-4-3 - Amount of temporary total disability compensation.
Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.
Section 62-4-5 - Compensation for partial disability.
Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.
Section 62-4-6 - Additional compensation for specific bodily injuries.
Section 62-4-7 - Compensation for permanent total disability--Annual increase.
Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.
Section 62-4-10 - Installment payments of compensation.
Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.
Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.
Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.
Section 62-4-16 - Burial and transportation expenses paid when death results from injury.
Section 62-4-17 - Installment payment of death benefits.
Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.
Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.
Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.
Section 62-4-26 - Computation of average weekly wage when other methods not feasible.
Section 62-4-27 - Seasonal employment--Determination of average weekly wage.
Section 62-4-29 - Apportionment of compensation for subsequent injury.
Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.
Section 62-4-30 - Determination of amount for each installment period.
Section 62-4-31 - Working week defined.
Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.
Section 62-4-40 - Recovery by employer from third party--Excess held for employee.
Section 62-4-41 - Priority of rights to compensation.
Section 62-4-43 - Selection of medical practitioner or surgeon by employee.
Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.
Section 62-4-48 - Investigation of written request to stop payments.
Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.
Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.
Section 62-4-52 - Definition of terms.
Section 62-4-54 - Determining usual and customary line of employment.
Section 62-4-55 - Suitable, substantial, and gainful employment defined.