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Workers' Compensation Subrogation In All 50 States - 5th Edition - Hardcover
Workers' Compensation Subrogation In All 50 States - 5th Edition - Electronic
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§ 11.41 South Carolina
§ 11.41[1] Statutory Subrogation Rights
Workers' compensation subrogation rights are generally controlled
by § 42-1-560 of the South Carolina Statutes. A workers' right to
pursue liability of a third party is not affected by its claim for
compensation.1 An employee must commence a third-party action
within one year after the carrier accepts liability for payment of
compensation benefits.2 A compensation carrier has a lien on the
proceeds of any recovery to the extent of past and future payments
made, less expenses and attorneys' fees incurred in effecting the
recovery, and to the extent that the recovery is deemed to be for the
"benefit of the carrier." 3 Notice of the commencement of any thirdparty
action must be given within 30 days to the Industrial
Commission on their prescribed form, as well as to the workers'
compensation carrier.4 Irrespective of whether an employee pursues a
third-party action before or simultaneously with filing a workers'
compensation claim, the employee, to preserve his claim to workers'
compensation, must provide the notice required by § 42-1-560(b).
An employee has three remedies for job-related injuries:
(1) To proceed solely against the employer thereby allowing
the employer-carrier the opportunity to pursue
reimbursement against the third party for its obligated
payments.
(2) To proceed solely against the third-party tortfeasor under
§ 42–1–550 by instituting and prosecuting an action at
law; and
(3) To proceed against both the employer-carrier and the
third-party tortfeasor by complying with § 42–1–560.5
§ 11.41 South Carolina
§ 11.41[1] Statutory Subrogation Rights
§ 11.41[2] Third Parties
§ 11.41[3] Allocation of Third-Party Recovery
§ 11.41[4] Attorneys' Fees and Costs
§ 11.41[5] Credit/Advance
§ 11.41[6] Related Subrogation Issues
§ 11.41[7] Statutes of Limitations
§ 11.41[8] Workers' Compensation in South Carolina
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.
