Current Status Bill Number:5036 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:McMaster All Sponsors:McMaster, Inabinett, Cromer, Govan, Fleming and Byrd Drafted Document Number:bbm\9825jm.98 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation action where employer places employee in risk of injury or death and may be sued, Courts
Body Date Action Description Com Leg Involved
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House 19980414 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-377 SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY PLACES AN EMPLOYEE AT GRAVE RISK OF EXTREME INJURY OR DEATH MAY BE SUED FOR DAMAGES, PROVIDE FOR THE WAIVER OF RIGHTS AND REMEDIES FOR COMPENSATION UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW IN THE EVENT THAT SUCH AN ACTION IS INSTITUTED, PROVIDE THAT ANY PUNITIVE DAMAGES WHICH ARE AWARDED MUST BE PAID TO THE WORKERS' COMPENSATION COMMISSION, AND PROVIDE DEFINITIONS FOR THE TERMS "EXTREME INJURY" AND "GRAVE RISK" AS USED IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-1-377. Notwithstanding any other provision of law:
(1) An employer who knowingly places an employee at grave risk of extreme injury or death in the employee's employment may be sued for damages in the courts of this State by the employee or the employee's personal representative in the event of the death of the employee. If such an action is instituted, the employee, or the deceased employee's personal representative, is deemed to have waived all rights and remedies afforded by this title for the awarding of compensation for the injury or the death. The trier of fact may award both actual and punitive damages. The employee, or his personal representative, is entitled to collect any actual damages awarded for the injury or the death. If punitive damages are awarded, those damages must be paid to the Workers' Compensation Commission and used by the commission for the administration and enforcement of the provisions of this title.
(2) For the purposes of this section, 'extreme injury' means (a) paraplegia, (b) quadriplegia, or (c) physical brain damage.
(3) For the purposes of this section, 'grave risk' means circumstances under which extreme injury or death is either certain or nearly certain to occur, rather than merely likely or probable."
SECTION 2. This act takes effect upon approval by the Governor.