Workers' Compensation (complete, Chapters 1-19)

What this document is

South Carolina Code of Laws Title 42: Workers' Compensation (complete, Chapters 1-19) is a state statute published by South Carolina Legislature (scstatehouse.gov). It is one of the South Carolina documents that insurance license exam questions are written from, including south carolina property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• S.C. Code Ann. § 42-1-150 ("Employment" defined)

  “The term "employment" includes employment by the State, all political subdivisions thereof, all public and quasi-public corporations therein and all private employments in which four or more employees are regularly employed in the same business or establishment.”

• S.C. Code Ann. § 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 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 all other rights and remedies of such employee, his...”

• S.C. Code Ann. § 42-1-160(A) ("Injury" and "personal injury" defined)

  “"Injury" and "personal injury" mean only injury by accident arising out of and in the course of employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title.”

• S.C. Code Ann. § 42-11-10(B)(4) ("Occupational disease" defined)

  “is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and a natural incident of an occupational disease or unless there is continuous exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;”

• S.C. Code Ann. § 42-9-10(A) (Amount of compensation for total disability; what constitutes total disability)

  “When the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less...”

• S.C. Code Ann. § 42-9-290(A) (Amount of compensation for death of employee due to accident)

  “If death results proximately from an accident and within two years of the accident or while total disability still continues and within six years after the accident, the employer shall pay or cause to be paid, subject, however, to the provisions of the other sections of this title, in one of the...”

• S.C. Code Ann. § 42-1-415(A) (Representation of coverage; reimbursement from Uninsured Employers' Fund)

  “In the event that employer is uninsured, regardless of the number of employees that employer has, the higher tier subcontractor, contractor, project owner, or his insurance carrier shall in the first instance pay all benefits due under this title. The higher tier subcontractor, contractor, project...”

• S.C. Code Ann. § 42-1-130 ("Employee" defined)

  “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...”

• S.C. Code Ann. § 42-1-140 ("Employer" defined)

  “The term "employer" means the State and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person.”

• S.C. Code Ann. § 42-5-20(A)(1) (Insurance or proof of financial ability to pay required; self-insurer prohibited)

  “The Workers' Compensation Commission shall have exclusive jurisdiction of group self-insurers under this section, and such group self-insurers shall not be deemed to be insurance companies and shall not be regulated by the Department of Insurance.”

• S.C. Code Ann. § 42-5-80(C) (Liability of insurer)

  “Any insurer who issues a policy of compensation insurance to an employer not subject to this title may not plead as a defense that the employer is not subject to this title and is estopped to deny coverage.”

• S.C. Code Ann. § 42-9-20 (Amount of compensation for partial disability)

  “Except as otherwise provided in Section 42-9-30, when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during such disability a weekly compensation equal to sixty-six and two-thirds...”

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