62-8-11. Filing time to qualify for disability or death compensation.
An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless a claim is filed with the Department of Labor and Regulation within two years after the claimant becomes disabled from such disease, or in the case of death from such disease, within two years of the date of such death. However, any prepaid lump sum payments made to the claimant during his lifetime for permanent total disability shall be accredited to the payments made for death benefits.
Source: SDC 1939, §64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1; SL 1971, ch 286, §8; SL 1976, ch 323; SL 1993, ch 375, §39C; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 08 - Occupational Disease Disability
Section 62-8-1 - Definition of terms.
Section 62-8-3 - Contracted and incurred defined.
Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.
Section 62-8-11 - Filing time to qualify for disability or death compensation.
Section 62-8-12 - Conditions of liability--Burden of proof.
Section 62-8-13 - Notice of disability required--Claim for compensation.
Section 62-8-14 - Silicosis cases--Period of exposure.
Section 62-8-16 - Maximum compensation for death or disability.
Section 62-8-17 - Waiver of disability benefits by working for another.
Section 62-8-18 - Death in case of silicosis--Liability of last employer.
Section 62-8-19 - Disability or death from silicosis with complication of tuberculosis.
Section 62-8-20 - Partial disability due to silicosis not compensable--Exceptions.
Section 62-8-21 - Dependency arising after disability.
Section 62-8-23 - Willful self-exposure--Acts constituting.
Section 62-8-26 - Voluntary waiver--Finding by department.
Section 62-8-29 - Notice of disease or death required for compensation.
Section 62-8-30 - Time for notice of incapacity from ionizing radiation.
Section 62-8-31 - Persons who may give notice and make claim.
Section 62-8-32 - Time for making claim for further compensation after discontinuance.
Section 62-8-40.1 - Contracts for medical reports.
Section 62-8-41 - Autopsy ordered by department upon filing of claim.
Section 62-8-42 - Autopsy ordered by department where controversy may exist.
Section 62-8-43 - Refusal to permit autopsy--Suspension of proceedings for compensation.
Section 62-8-44 - Modification of award.
Section 62-8-45 - Agreements between employer and employee.
Section 62-8-47 - Compensation under this chapter not additional to compensation under chapter 62-4.