62-3-11. Election to proceed against employer--Options.
121 words·~1 min read·
/sd/title-62/chapter-62-3/62-3-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any employee, who is employed by an employer who is deemed not to operate under this title in accordance with § 62-5-7 , or the dependents of such deceased employee, may elect to proceed against the employer in any action at law to recover damages for personal injury or death; or may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§ 62-5-1 to 62-5-5 , inclusive. The measure of benefits shall be that provided by § 62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions.