A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "INJURED WORKERS TRANSPARENCY ACT" BY ADDING SECTION 42-15-45 SO AS TO PROVIDE THAT FORMS USED BY INJURED WORKERS TO FILE WORKERS COMPENSATION CLAIMS AND FORMS USED BY WORKERS COMPENSATION INSURANCE CARRIERS TO DENY BENEFITS MUST PROVIDE CERTAIN EXPLICIT NOTICE OF NONREPRESENTATION AND APPEALS RIGHTS TO THE INJURED WORKERS, AND TO PROVIDE RELATED REQUIREMENTS OF THE WORKERS COMPENSATION COMMISSION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Injured Workers Transparency Act."

 

SECTION 2.  Chapter 15, Title 42 of the S.C. Code is amended by adding:

 

    Section 42-15-45.  (A) The form that an injured worker uses to file a claim for workers compensation coverage and the form that a workers compensation insurance carrier uses to deny benefits for a claim must include the following notice to the injured worker:

       (1) a statement clarifying that the carrier is acting solely on behalf of the employer and does not provide legal advice or advocate for the interests of the claimant;

       (2) a statement that if the claim is denied by the carrier, the claimant has the right to appeal the decision to the workers compensation commission;

       (3) an explanation of certain information necessary to understand the appeals process, including the required form, applicable deadlines, manner and location of appeal filing, filing fee information, and contact information for the commission including its street address, mailing address, telephone number, internet website address, and email;

       (4) notice that the claimant may represent himself or be represented by an attorney;

       (5) notice that an appeal may result in the award of partial or full benefits, including medical care and lost wages; and

       (6) notice of the applicable statute of limitations, with an explanation that if a claim is not filed within this time, it can be dismissed and the person loses the right to bring the cause of action.

    (B) The commission shall revise the applicable forms to conform to the requirements of subsection (A) before January 1, 2027.

 

SECTION 3.  This act takes effect on January 1, 2027.

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