§ 42-1-310 Presumption of acceptance of provisions of title
§ 42-1-315 Applicability of title respecting work-related injuries to program participants
§ 42-1-320 Applicability to public entities and their employees
§ 42-1-360 Exemption of casual employees and certain other employments
§ 42-1-380 Waiver of exemption by employer
§ 42-1-390 Withdrawal of waiver of exemption by employer
§ 42-1-400 Liability of owner to workmen of subcontractor
§ 42-1-410 Liability of contractor to workmen of subcontractor
§ 42-1-415 Representation of coverage; reimbursement from Uninsured Employers’ Fund
§ 42-1-420 Liability of subcontractor to workmen of sub-subcontractor
§ 42-1-430 Construction of title when proceedings are against owner or contractor
§ 42-1-440 Indemnity of principal contractor
§ 42-1-450 Workman may recover from subcontractor
§ 42-1-460 Contracts subject to title
§ 42-1-470 Coverage of prisoners and convicts generally
§ 42-1-480 Coverage for inmates of the State Department of Corrections
§ 42-1-490 Payments to claimant-inmates of State Department of Corrections
§ 42-1-500 County or municipal prisoners
§ 42-1-505 Coverage of convicted persons under custody or supervision of Department of Probation, Parole and Pardon Services
§ 42-1-520 Defenses available to employer operating under title when employee is not so operating
§ 42-1-540 Employee’s rights and remedies under title exclude all others against employer
§ 42-1-550 Rights against third persons prior to award
§ 42-1-560 Right to compensation not affected by liability of third party; rights and remedies against third party
§ 42-1-570 Amount of compensation not admissible in suits against third parties
§ 42-1-580 Effect of rights of third party against employer on employee’s recovery
§ 42-1-590 Compensability of injuries to illegally employed minor
§ 42-1-600 Suits by public employees
§ 42-1-610 Agreement or regulation does not limit liability of employer
§ 42-1-620 Agreements of employee to waive rights invalid
§ 42-1-630 Situation in which provisions of title are not admissible in trial
§ 42-1-640 Performance of statutory duty not excused
§ 42-1-650 Limitation of actions after claim erroneously made
§ 42-1-660 Immunity from liability on construction projects; exceptions
§ 42-1-700 Specificity of description of injured or affected body parts; Employee’s Notice of Claim and Request for Hearing (Form 50)
§ 42-1-705 Employer’s Answer to Request for Hearing (Form 51); specificity as to possible defenses

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Terms Used In South Carolina Code > Title 42 > Chapter 1 > Article 3 - Application and Effect of Title

  • accident: as used in this title must not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously, or at frequent intervals in the course of such employment, over extended periods of time. See South Carolina Code 42-1-160
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Commission: means the State Crop Pest Commission or an officer or employee of the commission to whom authority to act in its stead is granted. See South Carolina Code 46-9-15
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of Regulatory and Public Service Programs, Clemson University. See South Carolina Code 46-9-15
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.