The term "employee" means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excludes a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State, the term "employee" includes all members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 and Title 32 of the United States Code; all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division; and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the State, the term "employee" includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any reference to an employee who has been injured or when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.
Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon this election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title.
HISTORY: 1962 Code Section 72-11; 1952 Code Section 72-11; 1942 Code Section 7035-2; 1936 (39) 1231; 1943 (43) 91; 1969 (56) 297; 1974 (58) 2210, 2785; 1976 Act No. 547; 1985 Act No. 174, Section 1, eff June 24, 1985; 1996 Act No. 451, Section 2, eff June 18, 1996; 2002 Act No. 339, Section 37, eff July 2, 2002.
Structure South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 1 - General Provisions
Section 42-1-20. Application of definitions.
Section 42-1-30. "Adoption" and "adopted" defined.
Section 42-1-40. "Average weekly wages" defined.
Section 42-1-50. "Average weekly wage in this State for the preceding fiscal year" defined.
Section 42-1-60. "Carrier" and "insurer" defined.
Section 42-1-70. "Child", "grandchild", "brother" and "sister" defined.
Section 42-1-80. "Commission" defined.
Section 42-1-90. "Commission" defined; reference to administrative or judicial department.
Section 42-1-100. "Compensation" defined.
Section 42-1-110. "Death" defined.
Section 42-1-120. "Disability" defined.
Section 42-1-130. "Employee" defined.
Section 42-1-140. "Employer" defined.
Section 42-1-150. "Employment" defined.
Section 42-1-160. "Injury" and "personal injury" defined.
Section 42-1-170. "Parent" defined.
Section 42-1-172. Definitions.
Section 42-1-175. "Surviving spouse" defined.
Section 42-1-310. Presumption of acceptance of provisions of title.
Section 42-1-315. Applicability of title respecting work-related injuries to program participants.
Section 42-1-320. Applicability to public entities and their employees.
Section 42-1-360. Exemption of casual employees and certain other employments.
Section 42-1-380. Waiver of exemption by employer.
Section 42-1-390. Withdrawal of waiver of exemption by employer.
Section 42-1-400. Liability of owner to workmen of subcontractor.
Section 42-1-410. Liability of contractor to workmen of subcontractor.
Section 42-1-415. Representation of coverage; reimbursement from Uninsured Employers' Fund.
Section 42-1-420. Liability of subcontractor to workmen of sub-subcontractor.
Section 42-1-430. Construction of title when proceedings are against owner or contractor.
Section 42-1-440. Indemnity of principal contractor.
Section 42-1-450. Workman may recover from subcontractor.
Section 42-1-460. Contracts subject to title.
Section 42-1-470. Coverage of prisoners and convicts generally.
Section 42-1-480. Coverage for inmates of the State Department of Corrections.
Section 42-1-490. Payments to claimant-inmates of State Department of Corrections.
Section 42-1-500. County or municipal prisoners.
Section 42-1-540. Employee's rights and remedies under title exclude all others against employer.
Section 42-1-550. Rights against third persons prior to award.
Section 42-1-570. Amount of compensation not admissible in suits against third parties.
Section 42-1-580. Effect of rights of third party against employer on employee's recovery.
Section 42-1-590. Compensability of injuries to illegally employed minor.
Section 42-1-600. Suits by public employees.
Section 42-1-610. Agreement or regulation does not limit liability of employer.
Section 42-1-620. Agreements of employee to waive rights invalid.
Section 42-1-630. Situation in which provisions of title are not admissible in trial.
Section 42-1-640. Performance of statutory duty not excused.
Section 42-1-650. Limitation of actions after claim erroneously made.
Section 42-1-660. Immunity from liability on construction projects; exceptions.