South Carolina General Assembly
106th Session, 1985-1986

Bill 210


                    Current Status

Bill Number:               210
Ratification Number:       501
Act Number:                451
Introducing Body:          Senate
Subject:                   Provide for a civil action against an
                           employer who dismisses or demotes an employee
                           who files a workers' compensation claim or has
                           testified or is about to testify in a workers'
                           compensation proceeding
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A451, R501, S210)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-80 SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO FILES A WORKERS' COMPENSATION CLAIM OR HAS TESTIFIED OR IS ABOUT TO TESTIFY IN A WORKERS' COMPENSATION PROCEEDING, TO PROVIDE FOR REINSTATEMENT, TO PROVIDE AFFIRMATIVE DEFENSES FOR THE EMPLOYER, AND TO ESTABLISH A ONE-YEAR LIMITATION FOR BRINGING AN ACTION.

Be it enacted by the General Assembly of the State of South Carolina:

Employer may not discharge under certain

conditions - penalties

SECTION 1. The 1976 Code is amended by adding:

"Section 41-1-80. No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding.

Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.

Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation.

The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.

The statute of limitations for actions under this section is one year."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.