Current Status Introducing Body:House Bill Number:4890 Primary Sponsor:Cromer Committee Number:25 Type of Legislation:GB Subject:Workers' compensation, employer violations Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/10991JM.94 Introduced Date:19940307 Last History Body:House Last History Date:19940307 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4890 House 19940307 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 41-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST RETALIATION BASED UPON AN EMPLOYEE'S INSTITUTION OF OR PARTICIPATION IN PROCEEDINGS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR THE RECOVERY OF PUNITIVE DAMAGES AGAINST AN EMPLOYER WHO VIOLATES THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-1-80 of the 1976 Code is amended to read:
"Section 41-1-80. No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding.
Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation and for punitive damages, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.
Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation.
The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.
The statute of limitations for actions under this section is one year."
SECTION 2. This act takes effect upon approval by the Governor.