South Carolina Code of Laws
Title 42 - Workers' Compensation

Section 42-1-90. "Commission" defined; reference to administrative or judicial department. - Whenever the word "commission" is used in this title, it...

Section 42-1-100. "Compensation" defined. - The term "compensation" means the money allowance payable to an...

Section 42-1-110. "Death" defined. - The term "death" as a basis for right to compensation...

Section 42-1-120. "Disability" defined. - The term "disability" means incapacity because of injury to earn...

Section 42-1-130. "Employee" defined. - The term "employee" means every person engaged in an employment...

Section 42-1-140. "Employer" defined. - The term "employer" means the State and all political subdivisions...

Section 42-1-150. "Employment" defined. - The term "employment" includes employment by the State, all political...

Section 42-1-160. "Injury" and "personal injury" defined. - (A) "Injury" and "personal injury" mean only injury by accident...

Section 42-1-170. "Parent" defined. - The term "parent" includes stepparents and parents by adoption, parents-in-law...

Section 42-1-172. Definitions. - (A) "Repetitive trauma injury" means an injury which is gradual...

Section 42-1-175. "Surviving spouse" defined. - The term "surviving spouse" includes only the decedent's wife or...

Section 42-1-310. Presumption of acceptance of provisions of title. - Every employer and employee, except as stated in this chapter,...

Section 42-1-315. Applicability of title respecting work-related injuries to program participants. - The provisions of this title apply to and include all...

Section 42-1-320. Applicability to public entities and their employees. - The State, its municipal corporations and political subdivisions thereof, and...

Section 42-1-360. Exemption of casual employees and certain other employments. - This title does not apply to: (1) a casual employee,...

Section 42-1-380. Waiver of exemption by employer. - Any person employing employees in the State and exempted from...

Section 42-1-390. Withdrawal of waiver of exemption by employer. - Any employer who, having elected to come under this title,...

Section 42-1-400. Liability of owner to workmen of subcontractor. - When any person, in this section and Sections 42-1-420 and...

Section 42-1-410. Liability of contractor to workmen of subcontractor. - When any person, in this section and Sections 42-1-420 to...

Section 42-1-415. Representation of coverage; reimbursement from Uninsured Employers' Fund. - (A) Notwithstanding any other provision of law, upon the submission...

Section 42-1-420. Liability of subcontractor to workmen of sub-subcontractor. - When a subcontractor in turn contracts with still another person,...

Section 42-1-430. Construction of title when proceedings are against owner or contractor. - When compensation is claimed from or proceedings are taken against...

Section 42-1-440. Indemnity of principal contractor. - When the principal contractor is liable to pay compensation under...

Section 42-1-450. Workman may recover from subcontractor. - Nothing in Sections 42-1-400 to 42-1-450 shall be construed as...

Section 42-1-460. Contracts subject to title. - Every contract of service between any employer and employee covered...

Section 42-1-470. Coverage of prisoners and convicts generally. - Except as otherwise specifically provided in this article, this title...

Section 42-1-480. Coverage for inmates of the State Department of Corrections. - Any inmate of the State Department of Corrections, as defined...

Section 42-1-490. Payments to claimant-inmates of State Department of Corrections. - Payments for injuries as authorized in Section 42-1-480 shall be...

Section 42-1-500. County or municipal prisoners. - A county or municipality, by resolution of its governing body,...

Section 42-1-505. Coverage of convicted persons under custody or supervision of Department of Probation, Parole and Pardon Services. - The Department of Probation, Parole and Pardon Services may elect...

Section 42-1-520. Defenses available to employer operating under title when employee is not so operating. - An officer of a corporation who elects not to operate...

Section 42-1-540. Employee's rights and remedies under title exclude all others against employer. - The rights and remedies granted by this title to an...

Section 42-1-550. Rights against third persons prior to award. - When an employee, his personal representative or other person may...

Section 42-1-560. Right to compensation not affected by liability of third party; rights and remedies against third party. - (a) The right to compensation and other benefits under this...

Section 42-1-570. Amount of compensation not admissible in suits against third parties. - The amount of compensation paid by the employer or the...

Section 42-1-580. Effect of rights of third party against employer on employee's recovery. - When the facts are such at the time of the...

Section 42-1-590. Compensability of injuries to illegally employed minor. - When an employer and employee have accepted the provisions of...

Section 42-1-600. Suits by public employees. - Any employee of the State or any political subdivision or...

Section 42-1-610. Agreement or regulation does not limit liability of employer. - No contract or agreement, written or implied, and no rule,...

Section 42-1-620. Agreements of employee to waive rights invalid. - No agreement by an employee to waive his rights to...

Section 42-1-630. Situation in which provisions of title are not admissible in trial. - Upon the trial of any action in tort for injuries...

Section 42-1-640. Performance of statutory duty not excused. - Nothing in this title shall be construed to relieve any...

Section 42-1-650. Limitation of actions after claim erroneously made. - If any claim for compensation is made upon the theory...

Section 42-1-660. Immunity from liability on construction projects; exceptions. - No architect, engineer, land surveyor, landscape architect, or their employees...

Section 42-1-700. Specificity of description of injured or affected body parts; Employee's Notice of Claim and Request for Hearing (Form 50). - (A) Injured or affected body parts and conditions shall be...

Section 42-1-705. Employer's Answer to Request for Hearing (Form 51); specificity as to possible defenses. - (A) The commission's Employer's Answer to Request for Hearing form,...

Chapter 3 - Workers' Compensation Commission

Section 42-3-10. Creation and departments of South Carolina Workers' Compensation Commission. - There is created the South Carolina Workers' Compensation Commission, hereinafter...

Section 42-3-20. Membership, terms of office, vacancies and duties of commission, chairman. - (A) The commission shall consist of seven members appointed by...

Section 42-3-25. Chairman; executive director. - The chairman is the chief executive officer of the commission...

Section 42-3-30. Promulgation of rules and regulations by commission. - The commission shall promulgate all regulations relating to the administration...

Section 42-3-40. Salaries of commissioners. - The annual salary for the commissioners shall be eighty-five percent...

Section 42-3-60. Administrative assistant to commissioner. - Each commissioner shall be authorized to employ an administrative assistant...

Section 42-3-80. Executive director of administrative department. - The administrative department of the commission shall be under the...

Section 42-3-90. Divisions of administrative department. - There shall be established within the administrative department the following...

Section 42-3-100. Annual budget. - The commissioners shall annually prepare and the chairman shall annually...

Section 42-3-105. Commission's authority to double fines and penalties; penalties for noncompliance by uninsured employers. - The Worker's Compensation Commission is authorized to double the amount...

Section 42-3-110. Approval of expense and travel vouchers. - The commissioners of the judicial department and the director of...

Section 42-3-120. Advisory committee. - There is hereby created the advisory committee for improvement of...

Section 42-3-130. Service of subpoenas; witness fees. - The county sheriffs and their respective deputies shall serve all...

Section 42-3-140. Power of commission to subpoena witnesses, administer oaths and examine books and records. - The commission or any member thereof, or any person deputized...

Section 42-3-150. Manner in which attendance of witnesses and production of books and records may be compelled. - The commission in the discharge of its duties may administer...

Section 42-3-160. Manner in which depositions of witnesses shall be taken. - Any party to a proceeding pending under this title or...

Section 42-3-170. Manner in which hearings shall be conducted. - Hearings before the commission shall be open to the public...

Section 42-3-175. Failure to pay claims; sanctions; notice to Department of Insurance. - (A)(1) If a claimant brings an action before the commission...

Section 42-3-180. Commission to decide questions arising under title. - All questions arising under this title, if not settled by...

Section 42-3-185. Promulgation of policies or procedures implementing Section 42-15-90. - Any policies or procedures implementing the provisions of Section 42-15-90...

Section 42-3-190. Preparation and furnishing of forms and literature. - The commission shall prepare, cause to be printed and upon...

Section 42-3-195. Commission to provide information and statistics; confidentiality. - The commission shall cooperate with and provide information and statistics...

Section 42-3-210. Tabulation and publication of accident reports. - The commission shall tabulate the accident reports received from employers...

Section 42-3-220. Collection of fines and penalties; use of proceeds. - The commission may, by civil action brought in its own...

Section 42-3-230. Destruction of inactive files. - The commission may from time to time, as it may...

Section 42-3-240. Annual reports. - The commission shall publish annually for free distribution a report...

Section 42-3-250. Commissioners bound by Code of Judicial Conduct; continuing education requirement. - (A) The commissioners are bound by the Code of Judicial...

Chapter 5 - Insurance And Self-insurance

Section 42-5-10. Employer shall secure payment of compensation; extent of liability. - Every employer who accepts the compensation provisions of this title...

Section 42-5-20. Insurance or proof of financial ability to pay required; self-insurer prohibited. - (A)(1) Every employer who accepts the provisions of this title...

Section 42-5-25. Temporary workers' compensation coverage for applicant to approved self-insurance fund. - (A) An approved self-insurance fund may provide temporary coverage for...

Section 42-5-30. Employer shall file evidence of compliance with Title. - Every employer accepting the compensation provisions of this title shall...

Section 42-5-40. Penalty for failure to secure payment of compensation. - Any employer required to secure the payment of compensation under...

Section 42-5-45. Penalty for failure of employer to secure payment of compensation. - Any employer required to secure payment of compensation under this...

Section 42-5-50. Certificate of compliance. - Whenever an employer has complied with the provisions of Section...

Section 42-5-60. Insurance deemed subject to title; approval of forms. - Every policy for the insurance of the compensation provided in...

Section 42-5-70. Clauses required in insurance contracts. - All policies insuring the payment of compensation under this title...

Section 42-5-80. Liability of insurer. - (A) No policy of insurance against liability arising under this...

Section 42-5-130. Procedure upon withdrawal of carrier from State. - Upon the withdrawal of any insurance carrier that has any...

Section 42-5-190. Tax on self-insurers. - Every employer carrying his own risk under the provisions of...

Section 42-5-200. Employee shall not pay any portion of insurance, self-insurance fund, or other things required by title. - No agreement by an employee to pay any portion of...

Section 42-5-210. Insurance carrier subrogated to rights of employer. - When any employer is insured against liability for compensation with...

Section 42-5-220. Compromises by carrier must be approved. - No compromise settlement shall be made by the insurance carrier...

Section 42-5-230. Manner in which notice to insurance carrier given. - Whenever by this chapter or the terms of any policy...

Section 42-5-240. Penalties. - Any person who shall act or assume to act as...

Section 42-5-250. Title not applicable to insurance for single catastrophe hazards. - This title shall not apply to policies of insurance against...

Chapter 7 - Funds

Section 42-7-10. Establishment of State Accident Fund; contents. - (A) There is established as a separate agency of state...

Section 42-7-20. Administration of fund; director. - The State Accident Fund shall be administered by a director...

Section 42-7-30. Legal representation for fund; extra legal services; fees and expenses. - Legal representation for the State Accident Fund shall be provided...

Section 42-7-40. Application to State. - This article shall apply to the State including the State...

Section 42-7-50. Subdivisions of State; optimal participation. - Any county or municipality in the State or any agency...

Section 42-7-60. Officers and employees covered by article. - Notwithstanding anything to the contrary contained in Section 42-1-130, the...

Section 42-7-65. Average weekly wage designated for certain categories of employees. - Notwithstanding the provisions of Section 42-1-40, for the purpose of...

Section 42-7-67. Benefits for State and National Guard members. - For members of the South Carolina State and National Guard...

Section 42-7-70. Rates and premiums. - The rates and premiums paid by employers insured in the...

Section 42-7-75. State agencies required to pay workers' compensation premiums; State Treasurer's duties as to state accident fund. - All state agencies shall pay workers' compensation premiums according to...

Section 42-7-80. Payment of awards; notice of intention to contest award. - When awards under this article are made by the commission,...

Section 42-7-90. Expenditures from fund. - From the State Accident Fund the following expenditures are authorized:...

Section 42-7-100. Fund director may insure liability. - The fund director may, with the approval of the State...

Section 42-7-200. Workers' Compensation Uninsured Employers' Fund; claims; collection powers; reimbursement agreements; funding. - (A)(1) There is hereby established, within the office of the...

Section 42-7-210. Transfers from general fund to State Accident Fund authorized. - Notwithstanding the amounts annually appropriated as Workers' Compensation Insurance to...

Section 42-7-310. Establishment, purpose, administration, funding and staff of Second Injury Fund. - (a) There is hereby established, under the Budget and Control...

Section 42-7-320. Termination of Second Injury Fund; schedule. - (A) Except as otherwise provided in this section, on and...

Chapter 9 - Compensation And Payment

Section 42-9-5. Basis for award. - Any award made pursuant to this title must be based...

Section 42-9-10. Amount of compensation for total disability; what constitutes total disability. - (A) When the incapacity for work resulting from an injury...

Section 42-9-20. Amount of compensation for partial disability. - Except as otherwise provided in Section 42-9-30, when the incapacity...

Section 42-9-30. Schedule of period of disability and compensation. - In cases included in the following schedule, the disability in...

Section 42-9-35. Evidence of preexisting injury or condition. - (A) The employee shall establish by a preponderance of the...

Section 42-9-40. Compensation for hernia. - In all claims for compensation for hernia or rupture, resulting...

Section 42-9-60. Injury or death occasioned by intoxication or wilful intention of employee; burden of proof. - No compensation shall be payable if the injury or death...

Section 42-9-90. Increase in compensation which is not paid when due. - If any installment of compensation payable in accordance with the...

Section 42-9-110. Persons conclusively presumed to be wholly dependent. - A surviving spouse or a child shall be conclusively presumed...

Section 42-9-120. Determination and requirements of other cases of dependency. - In all other cases questions of dependency, in whole or...

Section 42-9-130. Division of death benefit when there is more than one dependent. - If there is more than one person wholly dependent, the...

Section 42-9-140. Payment when deceased employee leaves no dependents or partial dependents. - (A) If the deceased employee leaves no dependents, the employer...

Section 42-9-150. Employees with permanent disability or injury from service in Armed Forces or previous employment; entitlement to compensation; additional benefits. - If an employee has a permanent disability or has sustained...

Section 42-9-160. Amount of compensation for employee injured while drawing compensation for previous disability in same employment. - If an employee receives an injury for which compensation is...

Section 42-9-170. Permanent injury after sustaining another permanent injury in same employment; entitlement to compensation; extension of period of payment. - (A) If an employee receives a permanent injury as specified...

Section 42-9-190. No compensation to injured employee refusing suitable employment. - If an injured employee refuses employment procured for him suitable...

Section 42-9-200. Dates on which compensation commences. - No compensation shall be allowed for the first seven calendar...

Section 42-9-210. Deduction from compensation of payments made by employer when not due and payable. - Any payments made by an employer to an injured employee...

Section 42-9-220. Manner in which compensation paid. - Compensation under this title shall be paid periodically, promptly and...

Section 42-9-230. Date on which compensation payable under agreement becomes due. - The first installment of compensation payable under the terms of...

Section 42-9-240. Date on which compensation payable under award becomes due. - The first installment of compensation payable under the terms of...

Section 42-9-250. Payment of compensation monthly or quarterly authorized. - The commission, upon application of either party, may in its...

Section 42-9-260. Notice to commission when payments have begun; suspension or termination of payments. - (A) When an employee has been out of work due...

Section 42-9-270. Notice of final payment; penalty for failure to give notice. - Within sixteen days after final payment of compensation has been...

Section 42-9-280. Payment of unpaid balance of compensation when employee dies. - When an employee receives or is entitled to compensation under...

Section 42-9-290. Amount of compensation for death of employee due to accident. - (A) If death results proximately from an accident and within...

Section 42-9-301. Lump-sum payments. - Whenever any weekly payment has been continued for not less...

Section 42-9-310. Trustees may administer lump-sum settlements. - Whenever the commission considers it expedient, any lump sum subject...

Section 42-9-320. Persons who may receive and receipt for payments; discharge of liability of employer on receipt. - Whenever payment of compensation is made to a surviving spouse...

Section 42-9-330. Exercise of rights for incompetent or infant employees. - If an injured employee is mentally incompetent or is under...

Section 42-9-340. Effect of payment in good faith to junior dependents. - Payment of death benefits by an employer in good faith...

Section 42-9-350. Payment of compensation of employee working for several employers at time of injury. - Whenever an employee for whose injury or death compensation is...

Section 42-9-360. Assignments of compensation; exemptions from claims of creditors and taxes. - (A) No claim for compensation under this title shall be...

Section 42-9-370. Preferences or priorities of rights of compensation. - All rights of compensation granted by this title shall have...

Section 42-9-390. Voluntary settlements. - Nothing contained in this chapter may be construed so as...

Section 42-9-400. Reimbursement from Second Injury Fund when disability substantially greater or caused by aggravation of preexisting impairment. - (a) If an employee who has a permanent physical impairment...

Section 42-9-410. Reimbursement from Second Injury Fund for employee who becomes totally and permanently disabled in a subsequent injury; notice of preexisting permanent impairment. - (a) When an employee shall become totally and permanently disabled...

Section 42-9-430. Workers' compensation benefits. - Whenever a dispute arises between two or more parties as...

Section 42-9-440. Suspected false statements or misrepresentations to be reported to Insurance Fraud Division of Office of Attorney General. - The commission shall report all cases of suspected false statement...

Section 42-9-450. Employer's representatives to pay by check or electronic payment systems. - An employer's representative shall make payment of compensation by means...

Chapter 11 - Occupational Diseases

Section 42-11-10. "Occupational disease" defined. - (A) "Occupational disease" means a disease arising out of and...

Section 42-11-20. "Disablement" and "disability" defined. - As used in this chapter, "disablement" means the event of...

Section 42-11-30. . Presumptions; heart or respiratory disease as to firefighters; cardiac-related incident as to law enforcement officers; report of physical examination required. - (A) Notwithstanding the provisions of this chapter, for purposes of...

Section 42-11-40. Occupational diseases treated as injuries by accident. - When employer and employee are subject to the provisions of...

Section 42-11-50. Limitation on compensation payable to employee disabled by both injury and occupational disease. - When an employee suffers disability from an occupational disease and...

Section 42-11-60. Requirements for compensation for pulmonary diseases. - No compensation shall be payable for any pulmonary disease arising...

Section 42-11-70. Time in which disease must have been contracted. - Neither an employee nor his dependents shall be entitled to...

Section 42-11-80. Wilful misrepresentation by employee as to absence of disease; waivers. - If an employee, at the time of his employment, wilfully...

Section 42-11-90. Amount of compensation when noncompensable cause or disease affects occupational disease. - When an occupational disease prolongs, accelerates or aggravates or is...

Section 42-11-100. Amount of compensation payable for disability; exceptions. - Compensation payable for disability from an occupational disease must be...

Section 42-11-110. No presumptions; misconception of remedy. - There shall be no presumption that disablement from any cause...

Section 42-11-120. Procedure for determining claims; reference of medical question to medical board. - The procedure for determining claims for benefits from an occupational...

Section 42-11-130. Membership of medical board. - The medical board employed to determine controverted medical questions shall...

Section 42-11-140. Fees and expenses of medical board. - The fees and expenses of the medical board shall be...

Section 42-11-150. Procedure before medical board. - The medical board, upon referral to it of a medical...

Section 42-11-160. Decisions on questions by medical board. - The decisions and award in the case shall conform to...

Section 42-11-170. Membership of medical advisory panel. - The medical board shall be chosen from the medical advisory...

Section 42-11-180. Compensation of members of medical advisory panel. - Members of the medical advisory panel shall receive no compensation...

Section 42-11-185. Medical examination in lieu of medical panel for occupationally related disease claims. - Notwithstanding the provisions of Section 42-11-120, in lieu of a...

Section 42-11-190. Promulgation of rules, regulations, and schedules. - The commission may, upon the advice and recommendations of the...

Section 42-11-200. Rejection of chapter. - Either employer or employee may reject the provisions of this...

Chapter 13 - Ionizing Radiation Injury

Section 42-13-10. Definitions. - As used in this chapter: (1) "Ionizing radiation" means any...

Section 42-13-20. Employers and employees subject to chapter. - (a) The following shall constitute employers who shall be subject...

Section 42-13-30. Effect of injury suffered outside State; effect of injury to employee of nonresident employer; effect of award under law of another state. - (a) If an employee of an employer subject to this...

Section 42-13-40. Waiver by employee shall be invalid. - No agreement by an employee to waive his right to...

Section 42-13-50. Employer who is liable for awards; apportionment of liability. - The employer, in whose employment an employee was last exposed...

Section 42-13-60. Time for filing claims. - (a) In cases involving radiation injury or disability the time...

Section 42-13-70. Compensability of all forms of injury, disability or death. - All forms of ionizing radiation injury, disability or death shall...

Section 42-13-80. Employee's right to medical services, appliances and supplies. - (a) For any ionizing radiation injury or disability, the employee...

Section 42-13-90. Employee's right to vocational rehabilitation services. - (a) An employee covered by this chapter who, for reasons...

Section 42-13-100. Certain settlements shall be invalid unless approved by commission. - Any settlement which waives liability for possible subsequently appearing consequences...

Section 42-13-110. Powers of commission. - The Workers' Compensation Commission is hereby authorized to: (1) accept...

Section 42-13-120. Application of other provisions. - All the provisions of the Workers' Compensation Act, Title 42,...

Section 42-13-130. Rejection of chapter. - Either employer or employee may reject the provisions of this...

Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination

Section 42-15-10. State law under which claim is authorized to be filed. - Any employee covered by the provisions of this title is...

Section 42-15-20. Notice to employer of accident or repetitive trauma. - (A) Every injured employee or his representative immediately shall on...

Section 42-15-40. Time for filing claim; filing by registered mail. - The right to compensation under this title is barred unless...

Section 42-15-50. Limitation of time on notice or claim of mentally incompetent person or minor. - No limitation of time provided in this title for the...

Section 42-15-55. Appointment of guardian ad litem for minors or mentally incompetent persons. - When a minor or mentally incompetent person is a party...

Section 42-15-60. Time period medical treatment and supplies furnished; refusal to accept treatment; settled claims; total and permanent disability. - (A) The employer shall provide medical, surgical, hospital, and other...

Section 42-15-65. Compensation for damage to prosthetic device, eyeglasses, or hearing aid. - Damage to a prosthetic device of an injured employee as...

Section 42-15-70. Liability of employer for medical treatment; effect of malpractice. - The pecuniary liability of the employer for medical, surgical and...

Section 42-15-80. Submission to physical examinations; admissibility of communications to physician; autopsy; role of rehabilitation professionals. - (A) After an injury and so long as he claims...

Section 42-15-90. Fees of attorneys and physicians and hospital charges approved by commission. - (A) Attorney fees, physician fees, and hospital charges for services...

Section 42-15-95. Release of medical records; communication of medical history by health care provider. - (A) Any employee who seeks treatment for any injury, disease,...

Chapter 17 - Awards Procedure

Section 42-17-10. Agreement as to compensation. - If more than seven days after the date of an...

Section 42-17-20. Hearing before commission on compensation payable. - If the employer and the injured employee or his dependents...

Section 42-17-30. Commission may appoint doctor to examine injured employee; compensation. - The commission or any member thereof may, upon the application...

Section 42-17-40. Conduct of hearing; award. - (A) The commission or any of its members shall hear...

Section 42-17-50. Review and rehearing by commission. - If an application for review is made to the commission...

Section 42-17-60. Conclusiveness of award; appeals; payment of compensation during appeal; accrual of interest. - The award of the commission, as provided in Section 42-17-40,...

Section 42-17-70. Judgment on agreement or award. - Any party in interest may file in the court of...

Section 42-17-80. Costs. - If the commission or any court before whom any proceedings...

Section 42-17-90. Review of award on change of condition. - (A) On its own motion or on the application of...

Chapter 19 - Records And Reports

Section 42-19-10. Employers' records and reports of injuries. - Every employer shall keep a record of all injuries, fatal...

Section 42-19-20. Employers' reports of termination or extension beyond sixty days of disability. - Upon the termination of the disability of an injured employee,...

Section 42-19-30. Penalty for failure to make required reports. - Any employer or insurance carrier who refuses or neglects to...

Section 42-19-40. Records shall not be public. - The records of the commission, in so far as they...

Section 42-19-50. Penalty for failing to file report of insurance coverage. - Every insurance carrier providing coverage under the Workers' Compensation law...

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South Carolina Code of Laws Title 42 - Workers' Compensation

South Carolina Code of Laws
Title 42 - Workers' Compensation