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SC H3774
Bill
Status
2/25/2026
Primary Sponsor
Jeffrey Johnson
Click for details
AI Summary
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Amends Section 42-1-560 of the South Carolina Workers' Compensation Code to make the filing of a notice form with the Workers' Compensation Commission, employer, and carrier permissive rather than mandatory when an injured employee files a third-party action
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Clarifies that failure to file the prescribed notice form does not constitute an election of remedy, protecting employees who miss the administrative notice requirement
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Modifies timing provisions for third-party actions, requiring commencement not later than one year prior to the expiration of the statute of limitations (rather than one year after the carrier accepts liability)
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Preserves carrier lien rights on third-party recoveries and maintains existing provisions for assignment of claims to carriers when employees fail to pursue third-party actions within specified timeframes
Legislative Description
Workers compensation
Last Action
Referred to Committee on Judiciary
2/25/2026