The bill H. 3774 proposes amendments to Section 42-1-560 of the South Carolina Code of Laws, which pertains to the notice requirement for filing a third-party action in workers' compensation claims. The key change is that the filing of a notice form is made permissive rather than mandatory. This means that while injured employees or their dependents are still entitled to compensation and benefits, they are no longer required to provide notice to the Workers' Compensation Commission, employer, and carrier using a prescribed form within thirty days of commencing action against a third party. Additionally, the bill clarifies that failure to notify does not constitute an election of remedy.

Furthermore, the bill outlines the conditions under which the right of action may pass to the carrier if the injured employee or their dependents do not commence action against a third party within the specified time frame. It establishes a process for notification by the carrier to the injured employee regarding the assignment of the cause of action and the subsequent requirements for the carrier to notify relevant parties about the commencement of action against the third party. The bill aims to streamline the process for both injured employees and carriers while ensuring that rights and obligations are clearly defined. The act will take effect upon approval by the Governor.

Statutes affected:
01/16/2025: 42-1-560
Latest Version: 42-1-560