South Dakota Codified Laws 62-4-40. Recovery by employer from third party–Excess held for employee
If compensation is awarded under this title, the employer having paid the compensation, or having become liable therefor may collect in the employer’s own name or that of the injured employee, or the employer’s personal representative, if deceased, from any other person against whom legal liability for damage exists, the amount of the liability. The employer shall hold for the benefit of the injured employee or the employee’s personal representative, if deceased, the amount of damages collected in excess of the amount of compensation paid the employee or the employee’s representative, less the proportionate necessary and reasonable expense of collecting the same, which expenses may include an attorney’s fee not in excess of thirty-five percent of damages so collected, and shall be subject finally to the approval of the department.
Terms Used In South Dakota Codified Laws 62-4-40
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1917, ch 376, § 11; RC 1919, § 9446; SL 1921, ch 416; SDC 1939, § 64.0301; SL 1964, ch 224; SL 2008, ch 278, § 31.