South Carolina General Assembly
116th Session, 2005-2006

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H. 3549

STATUS INFORMATION

General Bill
Sponsors: Rep. Clyburn
Document Path: l:\council\bills\dka\3153dw05.doc

Introduced in the House on February 15, 2005
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Employee's right and remedies under the Workers' Compensation Law

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/15/2005  House   Introduced and read first time HJ-9
   2/15/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/15/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 42-1-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEE'S RIGHTS AND REMEDIES EXCLUDED UNDER TITLE 42, WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN EMPLOYEE'S RIGHTS AND REMEDIES DO NOT EXCLUDE AN ACTION AGAINST THE EMPLOYER OR CARRIER FOR A WILFUL, INTENTIONAL, OR RECKLESS INJURY RESULTING FROM THE VIOLATION OF A STATUTE OR REGULATION ENACTED BY FEDERAL, STATE, OR LOCAL AUTHORITIES TO ENSURE A SAFE WORKPLACE, THE INTENTIONAL REMOVAL OF A SAFETY DEVICE, OR WARNING LABEL FROM A MACHINE OR EQUIPMENT USED IN THE EMPLOYMENT, OR FOR THE BAD FAITH REFUSAL OF AN EMPLOYER OR CARRIER TO PAY BENEFITS OR PROVIDE MEDICAL TREATMENT.

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.    (A)    The rights and remedies granted by this title to an employee when he and his employer have accepted the provisions of this title, respectively, to pay and accept compensation on account of personal injury or death by accident, shall exclude excludes all other rights and remedies of such the employee, his personal representative, parents, dependents, or next of kin as against his employer or its insurance carrier, at common law or otherwise, on account of such injury, loss of service, or death except for a wilful, intentional, or reckless injury resulting from the violation of a statute or regulation enacted by the federal, state, or local authorities to ensure a safe workplace, the intentional removal of a safety device or warning label from a machine or equipment used in the employment, or for the bad faith refusal of the employer or carrier to pay benefits or provide medical treatment.

(B)    Provided, however, this The limitation of actions shall in subsection (A) does not apply to 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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