Current Status Bill Number:758 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950418 Primary Sponsor:Land, All Sponsors:Land, Saleeby and Courtney Drafted Document Number:bbm\10169jm.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' compensation, presumption of acceptance
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950418 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 42-1-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN PROVISIONS, AND DEFINE FURTHER THE TERM "EMPLOYMENT" FOR PURPOSES OF THE PROVISIONS OF TITLE 42.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-310 of the 1976 Code is amended to read:
"Section 42-1-310. (A) 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, unless he shall have given, prior to any accident resulting in injury or death, notice to the contrary in the manner provided in Section 42-1-340.
(B) `Employment' subject to the provisions of this title means any service performed by an employee for the person employing him.
(1) Employment includes all employments in which four or more employees are employed by the same employer or, with respect to improvement or modification of real property, all employment in which one or more direct or indirect employees are employed by the same employer.
(2) `Improvement or modification of real property' means for-profit activities involved in the carrying out of any construction, building, renovation, alteration, moving, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land. When appropriate to the context, `improvement or modification of real property' refers to the act of construction or the result of construction. However, `improvement or modification of real property' shall not mean a landowner's act of construction or the result of construction upon his own premises, provided that he is not an owner as provided in Section 42-1-400.
(3) With respect to employment as referenced in subsection (B)(2), the employer shall maintain proof of workers' compensation coverage for its direct and indirect employees. Proof of coverage is a contract of workers' compensation insurance issued to the employer for coverage for the employer's direct and indirect employees."
SECTION 2. This act takes effect upon approval by the Governor.