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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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