Current Status Bill Number:3873 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950328 Primary Sponsor:McElveen All Sponsors:McElveen Drafted Document Number:bbm\10042jm.95 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation liability of owner
Body Date Action Description Com Leg Involved
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House 19950328 Introduced, read first time, 26 HLCI
referred to Committee
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TO AMEND SECTION 42-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE LIABILITY OF AN OWNER TO WORKMEN OF A SUBCONTRACTOR, SO AS TO PROVIDE THAT THE OWNER SHALL NOT BE LIABLE TO THE SUBCONTRACTOR WHO HAS OPTED OUT OF TITLE 42, WORKERS' COMPENSATION, OR FAILED TO INCLUDE HIMSELF AS COVERED BY WORKERS' COMPENSATION INSURANCE ON HIS WORKMEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-400 of the 1976 Code is amended to read:
"Section 42-1-400. 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. However, the owner shall not be liable to that subcontractor who has opted out of this title or failed to include himself as covered by workers' compensation insurance on his workmen."
SECTION 2. This act takes effect upon approval by the Governor.