reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-172. Definitions.

(A) "Repetitive trauma injury" means an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events. Compensability of a repetitive trauma injury must be determined only under the provisions of this statute.
(B) An injury is not considered a compensable repetitive trauma injury unless a commissioner makes a specific finding of fact by a preponderance of the evidence of a causal connection that is established by medical evidence between the repetitive activities that occurred while the employee was engaged in the regular duties of his employment and the injury.
(C) As used in this section, "medical evidence" means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed and qualified medical physician.
(D) A "repetitive trauma injury" is considered to arise out of employment only if it is established by medical evidence that there is a direct causal relationship between the condition under which the work is performed and the injury.
(E) Upon reaching maximum medical improvement, the employee may be entitled to benefits pursuant to Section 42-9-10, 42-9-20, or 42-9-30. Medical benefits for compensable repetitive trauma injuries shall be as provided elsewhere in this title.
HISTORY: 2007 Act No. 111, Pt I, Section 7, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-175. "Surviving spouse" defined.

The term "surviving spouse" includes only the decedent's wife or husband living with or dependent for support upon the decedent at the time of the decedent's death or living apart from the decedent for justifiable cause or by reason of desertion by the decedent at such time.
HISTORY: 1983 Act No. 92 Section 1.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-310. Presumption of acceptance of provisions of title.

Every employer and employee, except as stated in this chapter, shall be presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby.
HISTORY: 1962 Code Section 72-101; 1952 Code Section 72-101; 1942 Code Section 7035-4; 1936 (39) 1231; 1996 Act No. 424, Section 3, eff June 18, 1996.
Editor's Note
1996 Act No. 424, Section 13 provides, in part, as follows:
"Section 13. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of the 1996 amendment will have until July 1, 1997, to comply with the provisions of the 1996 amendment relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of the 1996 amendment and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of the 1996 amendment relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in the 1996 amendment shall affect or alter any cause of action, right, or claim accruing before the effective date of the 1996 amendment; however, any such cause of action, remedy, or claim accruing before the effective date of the 1996 amendment shall be governed by the law prior to the effective date of the 1996 amendment."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-315. Applicability of title respecting work-related injuries to program participants.

The provisions of this title apply to and include all participants in the Tech Prep or other structured school to work programs, whether compensated or not, for injuries by accident arising out of and in the course of their employment with a sponsoring employer.
HISTORY: 1996 Act No. 259, Section 1, eff April 1, 1996.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-320. Applicability to public entities and their employees.

The State, its municipal corporations and political subdivisions thereof, and the employees of the State or its municipal corporations and political subdivisions are subject to this title.
HISTORY: 1962 Code Section 72-102; 1952 Code Section 72-102; 1942 Code Section 7035-8; 1936 (39) 1231; 1937 (40) 613; 1996 Act No. 424, Section 4, eff June 18, 1996.
Editor's Note
1996 Act No. 424, Section 13, provides, in part, as follows: "Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of the 1996 amendment will have until July 1, 1997, to comply with the provisions of the 1996 amendment relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of the 1996 amendment and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of the 1996 amendment relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in the 1996 amendment shall affect or alter any cause of action, right, or claim accruing before the effective date of the 1996 amendment; however, any such cause of action, remedy, or claim accruing before the effective date of the 1996 amendment shall be governed by the law prior to the effective date of the 1996 amendment."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-380. Waiver of exemption by employer.

Any person employing employees in the State and exempted from the mandatory provisions of this title may come in under the terms of this title and receive the benefits and be subject to the liabilities of this title by filing with the commission a written notice of his desire to be subject to the terms and provisions of this title. Any such person shall come under the provisions of this title and be affected thereby thirty days after the date of such notice.
HISTORY: 1962 Code Section 72-109; 1952 Code Section 72-109; 1942 Code Section 7035-5; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-390. Withdrawal of waiver of exemption by employer.

Any employer who, having elected to come under this title, being at that time exempt from this title, and subsequently desiring to withdraw from under its terms, may give notice in writing either to the commission that he no longer is under the terms of this title or to his insurer who shall give notice in writing to the commission that the employer is no longer under the terms of this title. If the insurer does not give the notice to the commission as required by this section, the insurer shall pay a penalty of one thousand dollars to the commission which shall be used by the commission to offset the costs of administering the provisions of Title 42. In the case where the employer gives the notice to the commission that he no longer is under the terms of this title, the commission shall, in turn, within thirty days of receipt of the employer's notice, inform the employer, in writing, that he must provide written notification by a date certain to his employees of his withdrawal from the terms of this title; however, no employer is required to so notify his employees unless the commission informs him he must do so, as required by this section. At the expiration of sixty days from the date of written notice to the commission the employer no longer is liable under the terms of this title and may be permitted to set up any defense as he may be advised to any action brought against him for personal injury or death by accident to any employee.
HISTORY: 1962 Code Section 72-110; 1952 Code Section 72-110; 1947 (45) 548; 1988 Act No. 411, Section 1, eff March 28, 1988.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-400. Liability of owner to workmen of subcontractor.

When any person, in this section and Sections 42-1-420 and 42-1-430 referred to as "owner," undertakes to perform or execute any work which is a part of his trade, business or occupation and contracts with any other person (in this section and Sections 42-1-420 to 42-1-450 referred to as "subcontractor") for the execution or performance by or under such subcontractor of the whole or any part of the work undertaken by such owner, the owner shall be liable to pay to any workman employed in the work any compensation under this title which he would have been liable to pay if the workman had been immediately employed by him.
HISTORY: 1962 Code Section 72-111; 1952 Code Section 72-111; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-410. Liability of contractor to workmen of subcontractor.

When any person, in this section and Sections 42-1-420 to 42-1-450 referred to as "contractor," contracts to perform or execute any work for another person which is not a part of the trade, business or occupation of such other person and contracts with any other person (in this section and Sections 42-1-420 to 42-1-450 referred to as "subcontractor") for the execution or performance by or under the subcontractor of the whole or any of the work undertaken by such contractor, the contractor shall be liable to pay to any workman employed in the work any compensation under this title which he would have been liable to pay if that workman had been immediately employed by him.
HISTORY: 1962 Code Section 72-112; 1952 Code Section 72-112; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-420. Liability of subcontractor to workmen of sub-subcontractor.

When a subcontractor in turn contracts with still another person, in this section and Sections 42-1-430 to 42-1-450 also referred to as a "subcontractor," for the performance or execution by or under such last subcontractor of the whole or any part of the work undertaken by the first subcontractor, the liability of the owner or contractor shall be the same as the liability imposed by Sections 42-1-400 and 42-1-410.
HISTORY: 1962 Code Section 72-113; 1952 Code Section 72-113; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-430. Construction of title when proceedings are against owner or contractor.

When compensation is claimed from or proceedings are taken against an owner or contractor then, in the application of this title, reference to the owner or contractor shall be substituted for reference to the subcontractor, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the subcontractor by whom he is immediately employed.
HISTORY: 1962 Code Section 72-114; 1952 Code Section 72-114; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-440. Indemnity of principal contractor.

When the principal contractor is liable to pay compensation under any of Sections 42-1-400 to 42-1-450, he shall be entitled to indemnity from any person who would have been liable to pay compensation to the workmen independently of such sections or from an intermediate contractor, and have a cause of action therefor.
A principal contractor when sued by a workman of a subcontractor shall have the right to call in that subcontractor or any intermediate contractor or contractors as defendant or codefendant.
HISTORY: 1962 Code Section 72-115; 1952 Code Section 72-115; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-450. Workman may recover from subcontractor.

Nothing in Sections 42-1-400 to 42-1-450 shall be construed as preventing a workman from recovering compensation under this title from a subcontractor instead of from the principal contractor but he shall not collect from both.
HISTORY: 1962 Code Section 72-116; 1952 Code Section 72-116; 1942 Code Section 7035-22; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-460. Contracts subject to title.

Every contract of service between any employer and employee covered by this title, written or implied, in operation or made or implied prior to July 17, 1936, shall be presumed to continue, subject to the provisions of this title; and every such contract made subsequent to said date shall be presumed to have been made subject to the provisions of this title. A like presumption shall exist equally in the case of all minors, unless notice of the same character be given by or to the parent or guardian of the minor.
HISTORY: 1962 Code Section 72-117; 1952 Code Section 72-117; 1942 Code Section 7035-6; 1936 (39) 1231; 1996 Act No. 424, Section 5, eff June 18, 1996.
Editor's Note
1996 Act. No. 424, Section 13, provides, in part, as follows: "Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of the 1996 amendment will have until July 1, 1997, to comply with the provisions of the 1996 amendment relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of the 1996 amendment and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of the 1996 amendment relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in the 1996 amendment shall affect or alter any cause of action, right, or claim accruing before the effective date of the 1996 amendment; however, any such cause of action, remedy, or claim accruing before the effective date of the 1996 amendment shall be governed by the law prior to the effective date of the 1996 amendment."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-470. Coverage of prisoners and convicts generally.

Except as otherwise specifically provided in this article, this title shall not apply to state, county or municipal prisoners and convicts.
HISTORY: 1962 Code Section 72-108.1; 1952 Code Section 72-108.1; 1942 Code Section 7035-16; 1936 (39) 1231; 1937 (40) 153, 613; 1939 (41) 323.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-480. Coverage for inmates of the State Department of Corrections.

Any inmate of the State Department of Corrections, as defined in this section, in the performance of his work in connection with the maintenance of the institution, any department vocational training program, or with any industry maintained therein, or with any highway or public works activity outside the institution, who suffers an injury for which compensation is specifically prescribed in this title, may, upon being released from such institution either upon parole or upon final discharge, be awarded and paid compensation under the provisions of this title. If death results from such injury, death benefits shall be awarded and paid to the dependents of the inmate. The time limit for filing a claim under this section shall be one year from the date of death of the inmate or the date of his release either by parole or final discharge, and no inmate shall be eligible for benefits unless his injury is reported prior to his release from custody of the department. If any person who has been awarded compensation under the provisions of this section shall be recommitted to an institution covered by this section, such compensation shall immediately cease, but may be resumed upon subsequent parole or discharge.
For purposes of this section, the term "inmate" includes any person sentenced to the South Carolina Department of Corrections and who is then in the jurisdiction of the department, or any person sentenced to the county public works who has been transferred to the Department of Corrections for confinement. An inmate who has been sentenced to the Department of Corrections and who is temporarily transferred to the county public works, or to any other South Carolina law-enforcement authority, or to out-of-state authorities, is not considered to be in the "jurisdiction" of the South Carolina Department of Corrections for purposes of this section.
This section shall not apply to patients of the South Carolina Department of Mental Health or those persons who are confined within the jurisdiction of the county prisons, county jails, city jails or overnight lockups or to any inmate injured in a fight, riot, recreational activity or other incidents not directly related to his work assignment.
HISTORY: 1962 Code Section 72-11.1; 1971 (57) 788; 1972 (57) 2559.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-490. Payments to claimant-inmates of State Department of Corrections.

Payments for injuries as authorized in Section 42-1-480 shall be paid from the State Accident Fund from appropriations thereto in the manner claims are paid to state employees.
Notwithstanding any other provision of this title, no inmate shall be paid a lump-sum settlement for an injury, disfigurement or death benefit. Any such lump-sum benefit which might normally be paid to an inmate or another eligible person who is not an inmate shall be paid on a monthly basis not to exceed ten percent of the total amount in any month, in addition to any weekly benefits awarded.
HISTORY: 1962 Code Section 72-11.2; 1971 (57) 788; 1972 (57) 2559; 1993 Act No. 181, Section 985, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-500. County or municipal prisoners.

A county or municipality, by resolution of its governing body, may elect to cover prisoners in the custody of the county or municipality with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. As used in this section, prisoners in the custody of the county include prisoners in the custody of the county sheriff. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the State Accident Fund or other insurers as the fund or insurers determine necessary to provide compensation for county or municipal prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county or municipal prisoners performing work assigned by officials of the county or municipality or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served.
For the purposes of this section, when a county or municipality elects to cover its prisoners with workers' compensation benefits, the coverage also includes:
(a) those prisoners who have been sentenced to the Department of Corrections and who are assigned to a county or municipality; and
(b) those prisoners who have been sentenced to the Department of Corrections and who are being used for public service work or related activities while being supervised by the county or municipality.
HISTORY: 1962 Code Section 72-11.3; 1971 (57) 788; 1972 (57) 2559; 1991 Act No. 16, Section 1, eff April 9, 1991; 1993 Act No. 181, Section 986, eff July 1, 1993; 2005 Act No. 98, Section 1, eff June 1, 2005.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-505. Coverage of convicted persons under custody or supervision of Department of Probation, Parole and Pardon Services.

The Department of Probation, Parole and Pardon Services may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this section, the department is considered the employer for those persons under its custody or supervision performing public service employment.
HISTORY: 1986 Act No. 462, Section 8, eff June 3, 1986.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-520. Defenses available to employer operating under title when employee is not so operating.

An officer of a corporation who elects not to operate under this title, shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this title, proceed at common law and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant, and assumption of risk, as such defenses exist at common law.
HISTORY: 1962 Code Section 72-119; 1952 Code Section 72-119; 1942 Code Section 7035-18; 1936 (39) 1231; 1996 Act No. 424, Section 12, eff June 18, 1996.
Editor's Note
1996 Act No. 424, Section 13, provides, in part, as follows:
"Section 13. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of the 1996 amendment will have until July 1, 1997, to comply with the provisions of the 1996 amendment relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of the 1996 amendment and has procured another form of employee benefits insurance shall comply, not later than July 1, 1997, with the provisions of the 1996 amendment relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in the 1996 amendment shall affect or alter any cause of action, right, or claim accruing before the effective date of the 1996 amendment; however, any such cause of action, remedy, or claim accruing before the effective date of the 1996 amendment shall be governed by the law prior to the effective date of the 1996 amendment."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-540. Employee's rights and remedies under title exclude all others against employer.

The rights and remedies granted by this title to an employee when he and his employer have accepted the provisions of this title, respectively, to pay and accept compensation on account of personal injury or death by accident, shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents or next of kin as against his employer, at common law or otherwise, on account of such injury, loss of service or death. Provided, however, this limitation of actions shall not apply to injuries resulting from acts of a subcontractor of the employer or his employees or bar actions by an employee of one subcontractor against another subcontractor or his employees when both subcontractors are hired by a common employer.
HISTORY: 1962 Code Section 72-121; 1952 Code Section 72-121; 1942 Code Section 7035-11; 1936 (39) 1231; 1974 (58) 2258.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-550. Rights against third persons prior to award.

When an employee, his personal representative or other person may have a right to recover damages for injury, loss of service or death from any person other than the employer, he may institute an action at law against such third person before an award is made under this title and prosecute it to its final determination.
HISTORY: 1962 Code Section 72-122; 1952 Code Section 72-122; 1942 Code Section 7035-11; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-570. Amount of compensation not admissible in suits against third parties.

The amount of compensation paid by the employer or the amount of compensation to which the injured employee or his dependents are entitled shall not be admissible as evidence in any action brought to recover damages.
HISTORY: 1962 Code Section 72-127; 1952 Code Section 72-127; 1942 Code Section 7035-11; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-580. Effect of rights of third party against employer on employee's recovery.

When the facts are such at the time of the injury that a third person would have the right, upon payment of any recovery against him, to enforce contribution or indemnity from the employer, any recovery by the employee against the third person shall be reduced by the amount of such contribution of indemnity and the third person's right to enforce such contribution against the employer shall thereupon be satisfied.
HISTORY: 1962 Code Section 72-128; 1952 Code Section 72-128; 1942 Code Section 7035-13; 1941 (42) 1314.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-590. Compensability of injuries to illegally employed minor.

When an employer and employee have accepted the provisions of this title, any injury to a minor while employed contrary to the laws of this State shall be compensable under this title the same, and to the same extent, as if such minor employee was an adult.
HISTORY: 1962 Code Section 72-129; 1952 Code Section 72-129; 1942 Code Section 7035-11; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-600. Suits by public employees.

Any employee of the State or any political subdivision or of any department thereof shall be entitled to bring suit against his employer for the recovery of the benefits to which he may be entitled under the terms and provisions of this title and consent to such suit or suits is expressly given.
HISTORY: 1962 Code Section 72-130; 1952 Code Section 72-130; 1942 Code Section 7035-8; 1936 (39) 1231; 1937 (40) 613.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-610. Agreement or regulation does not limit liability of employer.

No contract or agreement, written or implied, and no rule, regulation or other device shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this title except as otherwise expressly provided in this title.
HISTORY: 1962 Code Section 72-131; 1952 Code Section 72-131; 1942 Code Section 7035-7; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-620. Agreements of employee to waive rights invalid.

No agreement by an employee to waive his rights to compensation under this title shall be valid.
HISTORY: 1962 Code Section 72-132; 1952 Code Section 72-132; 1942 Code Section 7035-24; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-630. Situation in which provisions of title are not admissible in trial.

Upon the trial of any action in tort for injuries not coming under the provisions of this title no provisions of this title shall be placed in evidence or be permitted to be argued to the jury.
HISTORY: 1962 Code Section 72-20; 1952 Code Section 72-20; 1942 Code Section 7035-16; 1936 (39) 1231; 1937 (40) 153, 613; 1939 (41) 323.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-640. Performance of statutory duty not excused.

Nothing in this title shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty.
HISTORY: 1962 Code Section 72-21; 1952 Code Section 72-21; 1942 Code Section 7035-14; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-650. Limitation of actions after claim erroneously made.

If any claim for compensation is made upon the theory that such claim, or the injury upon which the claim is based, is within the jurisdiction of the commission under the provisions of this title and if the commission, or the Supreme Court or court of appeals on appeal, shall adjudge that the claim is not within this title, the claimant, or if he dies his personal representative, shall have one year after the rendition of a final judgment in the case within which to commence an action at law.
HISTORY: 1962 Code Section 72-22; 1952 Code Section 72-22; 1942 Code Section 7035-27; 1936 (39) 1231; 1999 Act No. 55, Section 44, eff June 1, 1999.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-660. Immunity from liability on construction projects; exceptions.

No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury.
The immunity provided by this section does not apply to the negligent preparation of design plans or specifications.
HISTORY: 1996 Act No. 320, Section 1, eff May 20, 1996.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-700. Specificity of description of injured or affected body parts; Employee's Notice of Claim and Request for Hearing (Form 50).

(A) Injured or affected body parts and conditions shall be set forth with as much specificity as possible on the commission's Employee's Notice of Claim and/or Request for Hearing form, hereinafter referred to as Form 50. A Form 50 shall not describe the injured body part(s) or condition(s) as "whole person", "whole body", "all body parts", or other similar language unless the injured employee died as a result of the accident. No hearing shall be held on a Form 50 which does not conform to the requirements of this subsection.
(B) Nothing in this section prohibits a commissioner from determining the compensability of a body part or condition not listed or described on a Form 50 if:
(1) the body part or condition is proved by a preponderance of the evidence to have arisen from the injury or injuries out of and in the course of employment as set forth on the Form 50;
(2) it is proven to the satisfaction of the commissioner that the employee had no knowledge of the injury or condition on the date of the completion of the Form 50. However, the employee is required to amend the Form 50 upon discovery of the injury or condition within a reasonable time period pursuant to regulation; or
(3) in the case of a represented employee, the body part or condition is set forth on the commission's Prehearing Brief form, and such prehearing brief is timely filed with the commission and timely served upon the parties.
(C) A Form 50 must be signed by an attorney if the employee is represented, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employee is not represented, the employee who signs a Form 50 must verify that the contents of the form are accurate and true to the best of the employee's knowledge.
HISTORY: 2007 Act No. 111, Pt I, Section 9, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 1 - General Provisions › Section 42-1-705. Employer's Answer to Request for Hearing (Form 51); specificity as to possible defenses.

(A) The commission's Employer's Answer to Request for Hearing form, hereinafter referred to as Form 51, must describe with as much specificity as possible the defenses to be relied upon by the defendants. A Form 51 shall not state that "all defenses apply" or other similar language, unless such is actually the case. A Form 51 which does not conform to the requirements of this subsection shall not be considered at a hearing.
(B) Nothing in this section prohibits a commissioner from considering a defense not listed on a Form 51 if:
(1) it is proven to the satisfaction of the commissioner that the defendants had no knowledge of the facts supporting the defense on the date of the completion of the Form 51; and
(2) in the case of represented defendants, the defense omitted on the Form 51 is set forth on the commission's Prehearing Brief form, and such brief is timely filed with the commission and timely served upon the parties.
(C) A Form 51 must be signed by an attorney, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employer is unrepresented and completes a Form 51, the employer must sign the form, verifying that the contents are accurate and true to the best of the employer's knowledge.
HISTORY: 2007 Act No. 111, Pt I, Section 10, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-10. Creation and departments of South Carolina Workers' Compensation Commission.

There is created the South Carolina Workers' Compensation Commission, hereinafter referred to as the commission, composed of a judicial and administrative department and constituted and administered as provided for in this title.
HISTORY: 1962 Code Section 72-50; 1952 Code Section 72-51; 1942 Code Section 7035-54; 1936 (39) 1231; 1952 (47) 1925; 1964 (53) 1918; 1974 (58) 2251; 1980 Act No. 481; 1986 Act No. 399, Section 2, eff May 6, 1986.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-20. Membership, terms of office, vacancies and duties of commission, chairman.

(A) The commission shall consist of seven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. In the event the Governor does not fill a vacancy within sixty days after the vacancy occurs, the commission by majority vote shall deputize a person with suitable experience, training, and knowledge to serve as a deputy commissioner to serve until such time as the Governor fills the vacancy. As soon as the Governor appoints a replacement who is confirmed by the Senate, the deputy commissioner shall immediately cease to serve in that office. While serving as a deputy commissioner, the deputy commissioner has the power and authority to swear or cause the witnesses to be sworn and shall transmit all testimony and shall make a recommendation to the commission for an award. The commission must determine the award based upon testimony received by the deputy commissioner and may consider the deputy commissioner's recommendation.
(B) The Governor, with the advice and consent of the Senate, shall designate one of the seven commissioners as chairman for a term of two years. At the conclusion of a commissioner's two-year term as chairman, the Governor shall appoint or reappoint a commissioner to serve as chairman. If the Governor does not appoint or reappoint a chairman at the expiration of the two-year term, a majority of the commission shall elect from among their members an interim chairman who shall serve until the Governor appoints another chairman. A deputy commissioner is not eligible to serve as chairman. Any person appointed to the commission is subject to removal as provided in Section 1-3-240(C).
(C) The commissioners shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full commission reviews, and handle such other matters as may come before the department for judicial disposition. Full commission reviews shall be conducted by all commissioners, excluding the original hearing commissioner, or by three-member panels, excluding the original hearing commissioner, appointed by the chairman. The chairman, with approval of a majority of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of three-member panels have the same force and effect as full commission reviews.
HISTORY: 1962 Code Section 72-50.1; 1952 Code Section 72-51; 1943 Code Section 7035-54; 1936 (39) 1231; 1952 (47) 1925; 1964 (53) 1918; 1974 (58) 2251; 1978 Act No. 522 Section 1; 1980 Act No. 481; 1981 Act No. 163; 1981 Act No. 178 Part II Section 15; 2007 Act No. 111, Pt I, Section 11, eff July 1, 2007, applicable to injuries that occur on or after that date; 2016 Act No. 140 (S.975), Section 1, eff March 14, 2016.
Effect of Amendment
2016 Act No. 140, Section 1, rewrote (B).
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-25. Chairman; executive director.

The chairman is the chief executive officer of the commission and shall execute the policies established by the commission in its capacity as the governing body of the judicial and administrative departments.
The executive director of the commission shall report to the chairman and be responsible to the commission.
HISTORY: 1980 Act No. 481; 2006 Act No. 327, Section 1, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-30. Promulgation of rules and regulations by commission.

The commission shall promulgate all regulations relating to the administration of the workers' compensation laws of this State necessary to implement the provisions of this title and consistent therewith.
HISTORY: 1962 Code Section 72-50.2; 1952 Code Section 72-59; 1942 Code Section 7035-57; 1936 (39) 1231; 1937 (40) 613; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-40. Salaries of commissioners.

The annual salary for the commissioners shall be eighty-five percent of the salary paid to the circuit judges of the State. The commissioners shall receive a subsistence allowance of thirty-five dollars a day while in the performance of their duties outside the Columbia office.
HISTORY: 1962 Code Section 72-50.3; 1952 Code Sections 72-51, 72-52; 1942 Code Sections 7035-54, 7035-55; 1936 (39) 1231; 1951 (47) 506; 1952 (47) 1925; 1964 (53) 1918; 1974 (58) 2251; 1978 Act No. 644 Part II Section 40; 1978 Act No. 522 Section 2; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-60. Administrative assistant to commissioner.

Each commissioner shall be authorized to employ an administrative assistant to serve at the commissioner's pleasure.
HISTORY: 1962 Code Section 72-50.5; 1952 Code Section 72-54; 1942 Code Section 7035-55; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481; 2007 Act No. 111, Pt I, Section 12, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-80. Executive director of administrative department.

The administrative department of the commission shall be under the direction of the executive director. The director must be appointed by the commission, shall serve at its pleasure, and shall receive an annual salary not to exceed eighty-five percent of the salary paid to the commissioners.
The administrative director shall receive and be responsible for all files and records of the Workers' Compensation Commission and shall refer all claims to the judicial department for disposition and receive from that department reports, information and statistics as to the disposition of claims. He also shall be responsible for the referral to the South Carolina Vocational Rehabilitation Department of all industrially injured persons that need vocational counseling or vocational evaluation, personal adjustment, training and placement.
In the performance of his duties, the director is authorized to:
(a) with the approval of the chairman of the commission, appoint and discharge, if necessary, all support personnel within the administrative department except division directors;
(b) compile all statistics and reports concerning the administration of workers' compensation laws and the disposition of claims related thereto;
(c) conduct administrative operations of the commission in accordance with the provisions of this title and regulations promulgated thereunder.
HISTORY: 1962 Code Section 72-50.7; 1974 (58) 2251; 1980 Act No. 481; 2005 Act No. 85, Section 1, eff May 26, 2005; 2006 Act No. 327, Section 2, eff June 2, 2006.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-90. Divisions of administrative department.

There shall be established within the administrative department the following divisions, each headed by a division director recommended by the administrative director with the concurrence of the chairman and subject to the approval of the commission.
(1) The Division of Coverage and Compliance;
(2) The Division of Claims and Statistics;
(3) The Division of Medical Services.
Each division shall perform such functions and duties as may be assigned to it by the director of the administrative department subject to the provisions of Section 42-3-25.
HISTORY: 1962 Code Section 72-50.8; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-100. Annual budget.

The commissioners shall annually prepare and the chairman shall annually submit to the Governor and the General Assembly a budget for the Workers' Compensation Commission.
HISTORY: 1962 Code Section 72-50.9; 1974 (58) 2251; 1980 Act No. 481.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-105. Commission's authority to double fines and penalties; penalties for noncompliance by uninsured employers.

The Worker's Compensation Commission is authorized to double the amount of fines and penalties assessed for each violation of the workers' compensation law, except that for employers found to be uninsured in violation of the workers' compensation law, the minimum amount of the penalty assessed shall be seven hundred fifty dollars a year of noncompliance and the maximum amount of the penalty shall be one thousand dollars a year of noncompliance. The commission is further authorized to retain and expend all revenues received as a result of these collections.
HISTORY: 2003 Act No. 61, Section 2, eff Aug. 19, 2003.
Editor's Note
2003 Act No. 61, Section 19, provides as follows:
"This act takes effect at 12:00 p.m. on the first Tuesday following sixty days after the signature of the Governor [June 19, 2003], or August 19, 2003, whichever is later."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-110. Approval of expense and travel vouchers.

The commissioners of the judicial department and the director of the administrative department shall approve all expense and travel vouchers for their respective departments.
HISTORY: 1962 Code Section 72-50.10; 1952 Code Section 72-53; 1942 Code Section 7035-55; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-120. Advisory committee.

There is hereby created the advisory committee for improvement of the workers' compensation laws of South Carolina, consisting of five members appointed by the Governor for terms of five years and until successors are appointed and qualify. One member shall be an attorney experienced in practice representing claimants, one member shall be an attorney experienced in practice representing defendants, one member shall be a representative of industry, one member shall be a representative of labor and one member shall be a representative of the general public. A chairman shall be elected by the committee. The committee shall meet at least quarterly to consider improvements in workers' compensation laws and monitor the effectiveness of existing law. Recommendations for changes in the law shall be recommended annually to the General Assembly. Committee members shall serve without compensation but shall receive mileage, subsistence and per diem as provided by law for boards, committees and commissions payable from an annual appropriation from the general fund of the State.
HISTORY: 1962 Code Section 72-50.11; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-130. Service of subpoenas; witness fees.

The county sheriffs and their respective deputies shall serve all subpoenas of the commission or its deputies and shall receive the same fees as are provided by law for like services. Provided, however, if the witness is in another county, the subpoena may be served by any person authorized to serve subpoenas in the county where the action originated. Each witness who appears in obedience to such subpoena of the commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts of the county in which the hearing is held.
HISTORY: 1962 Code Section 72-50.13; 1952 Code Section 72-61; 1942 Code Section 7035-57; 1936 (39) 1231; 1937 (40) 613; 1974 (58) 2025, 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-140. Power of commission to subpoena witnesses, administer oaths and examine books and records.

The commission or any member thereof, or any person deputized by it, may, for the purpose of this title, subpoena witnesses, administer or cause to be administered oaths and examine or cause to be examined such parts of the books and records of the parties to proceedings as relate to questions in dispute.
HISTORY: 1962 Code Section 72-50.14; 1952 Code Section 72-62; 1942 Code Section 7035-57; 1936 (39) 1231; 1937 (40) 613; 1974 (58) 2251; 1980 Act No. 481.