2012 South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 1 - GENERAL PROVISIONS
Section 42-1-540 - Employee's rights and remedies under Title exclude all others against employer.


SC Code § 42-1-540 (2012) What's This?

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 personal representative, parents, dependents or next of kin as against his employer, at common law or otherwise, on account of such injury, loss of service or death.

Provided, however, this limitation of actions shall not apply to injuries resulting from acts of a subcontractor of the employer or his employees or bar actions by an employee of one subcontractor against another subcontractor or his employees when both subcontractors are hired by a common employer.

HISTORY: 1962 Code Section 72-121; 1952 Code Section 72-121; 1942 Code Section 7035-11; 1936 (39) 1231; 1974 (58) 2258.

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