Bill > H3774

This bill amends South Carolina law concerning workers' compensation claims when an injured worker or their dependents pursue legal action against a third party responsible for the injury, a situation often referred to as a "third-party action." The key change is making the requirement to file a specific notice form with the Workers' Compensation Commission, the employer, and the insurance carrier permissive rather than mandatory. Previously, failing to use the prescribed form to notify these parties about the commencement of a third-party action could have consequences, but this bill clarifies that such a failure will not be considered an "election of remedy," meaning it won't prevent the worker from pursuing their claim. The bill also makes minor adjustments to the language regarding when a carrier can take over a third-party action if the injured party does not pursue it themselves, and how attorney fees are handled in such cases.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3774&session=126&summary=B