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.
S.C. Code Ann. § 42-1-540
Employee's rights and remedies under title exclude all others against employer
Known as the The South Carolina Workers' Compensation Law
The act spans §§ 42–42 (216 sections).
Applied in 47 court decisions — leading case Peay v. U.S. Silica Co. (1993)
Most recently applied in Parker Wideman v. Innovative Fibers LLC (May 2024)
1962 Code SECTION 72-121; 1952 Code SECTION 72-121; 1942 Code SECTION 7035-11; 1936 (39) 1231; 1974 (58) 2258.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.