Any inmate of the State Department of Corrections, as defined in this section, in the performance of his work in connection with the maintenance of the institution, any department vocational training program, or with any industry maintained therein, or with any highway or public works activity outside the institution, who suffers an injury for which compensation is specifically prescribed in this title, may, upon being released from such institution either upon parole or upon final discharge, be awarded and paid compensation under the provisions of this title. If death results from such injury, death benefits shall be awarded and paid to the dependents of the inmate. The time limit for filing a claim under this section shall be one year from the date of death of the inmate or the date of his release either by parole or final discharge, and no inmate shall be eligible for benefits unless his injury is reported prior to his release from custody of the department. If any person who has been awarded compensation under the provisions of this section shall be recommitted to an institution covered by this section, such compensation shall immediately cease, but may be resumed upon subsequent parole or discharge.
For purposes of this section, the term "inmate" includes any person sentenced to the South Carolina Department of Corrections and who is then in the jurisdiction of the department, or any person sentenced to the county public works who has been transferred to the Department of Corrections for confinement. An inmate who has been sentenced to the Department of Corrections and who is temporarily transferred to the county public works, or to any other South Carolina law-enforcement authority, or to out-of-state authorities, is not considered to be in the "jurisdiction" of the South Carolina Department of Corrections for purposes of this section.
This section shall not apply to patients of the South Carolina Department of Mental Health or those persons who are confined within the jurisdiction of the county prisons, county jails, city jails or overnight lockups or to any inmate injured in a fight, riot, recreational activity or other incidents not directly related to his work assignment.
HISTORY: 1962 Code Section 72-11.1; 1971 (57) 788; 1972 (57) 2559.
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.