south carolina 4047531 1280

Do You Know the Rule? Expenditures from S.C. Expenditures from State Accident Fund

10 Oct, 2023 Frank Ferreri

south carolina 4047531 1280
                               

Columbia, SC (WorkersCompensation.com) -- When are payments from South Carolina's State Accident Fund authorized? The following chart spells it out.

TopicsExpenditure Rules
General paymentsState Accident Fund expenditures are authorized for the payment of an award made by the commission in connection with accidental injury or death of an official or employee of the state, a county or municipality, a political subdivision, or an agency or institution of the state or a county, municipality, or political subdivision, or other expenses authorized by the State Fiscal Accountability Authority.
First responders"First responder" means:
+ An emergency medical technician.
+ A law enforcement officer.
+ A corrections officer.
+ Reserves.
+ Constables.
+ A fire department worker who serves on a paid or voluntary basis for a firefighting agency, fire department, or a volunteer fire department and who performs duties related to rescue, fire suppression, and public safety.
+ A coroner or a deputy coroner who directly engages in examining, treating, or directing people during an emergency.
First responder line of duty death benefitUpon receipt by the State Accident Fund of the satisfactory proof of death of a first responder whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the first responder's employment as a first responder while in the actual performance of his duty, provided that his death is not the result of the first responder's willful negligence, suicide, or intentionally self-inflicted bodily injury, there must be paid from the State Accident Fund to the designated beneficiary a one-time, lump sum benefit payment of $75,000.
First responder line of duty death benefit increasesThe amount of the benefit provided for first responders who die in the line of duty is increased a total of $150,000 if the first responder is killed in the line of duty and the first responder's death is either:
(1) The result of an unlawful and intentional act of another person; or
(2) The result of an accident that occurs:
(A) As a result of the first responder's response to fresh pursuit, defined as the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance;
(B) As a result of the first responder's response to what is reasonably believed to be an emergency;
(C) at the scene of a traffic accident to which the first responder has responded; or
(D) While the first responder is enforcing what is reasonably believed to be a traffic law or ordinance.
Beneficiaries of first respondersPayments must be paid to the beneficiary designated for this benefit by the first responder in writing and filed with the State Accident Fund in a manner prescribed by the agency during the first responder's lifetime.
If no designation is made, then the payment must be paid to the first responder's surviving spouse.
If there is no surviving spouse, the payment must be paid to the first responder's surviving children in equal portions.
If there is no surviving spouse or child, the benefit is payable to the first responder's surviving parents in equal portions.
If a beneficiary is not designated and there is no surviving child, spouse, or parent, then the sum must be paid to the first responder's estate.
The payments required by this subsection are in addition to any other benefit set forth in this chapter or otherwise in law, including worker's compensation, but excluding first responder death benefit payments made to a member of a retirement system, and are exempt from the claims and demands of creditors of the first responder.
No subrogation, etc.Benefits are not subject to subrogation, assignment, set-off, or lien claimed.
Contesting decisionsWithin 30 days after a written determination of the State Accident Fund regarding payment, a person or representative of the estate, may seek relief by requesting a contested case hearing before the Administrative Law Court. A hearing may be requested to contest any part of the decision.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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