Current Status Bill Number:1172 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980407 Primary Sponsor:Jackson All Sponsors:Jackson Drafted Document Number:res1670.dj Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' compensation, exclusivity provisions, action of employer which caused employee's death exempt from
Body Date Action Description Com Leg Involved
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Senate 19980407 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 42-1-540 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVITY OF THE WORKERS' COMPENSATION LAWS, SO AS TO EXEMPT FROM THE EXCLUSIVITY PROVISIONS AN ACTION IN WHICH IT IS ALLEGED THAT THE EMPLOYER'S ACT OR OMISSION IN THE HIRING OR RETENTION, OR BOTH, OF ANOTHER EMPLOYEE CAUSED THE DEATH OF THE EMPLOYEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-540 of the 1976 Code is amended to read:
"Section 42-1-540. The rights and remedies granted by this Title title to an employee when he and his employer have accepted the provisions of this Title 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, However, this limitation of actions shall not apply to:
(1) 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; or
(2) an action in which it is alleged that the employer's act or omission in the hiring or retention, or both, of another employee caused the death of the employee."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to deaths occurring on and after the effective date of this section and also applies retroactively with respect to deaths occurring on or after July 1, 1997. This act is remedial in intent and should be broadly construed in favor of allowing civil actions to be brought in the circumstances described in this section.