Hiring a Workers' Compensation Lawyer in South Carolina
The limits on workers' comp lawyer fees in South Carolina, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in South Carolina: fee rules
| Rules on contingency fees | Under South Carolina Rule of Professional Conduct 1.5(c) (Rule 407, SCACR), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of any expenses the client will be expected to pay, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement (though a contingency fee may be charged to collect past-due alimony or child support), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The South Carolina Bar's Resolution of Fee Disputes Board (created by Rule 416, SCACR) resolves fee, cost and disbursement disputes between clients and Bar members. It will not take disputes of $50,000 or more or fees that must be approved by a court or other tribunal, and a dispute cannot be filed more than three years after it arose. Apply with the Bar's Application for Resolution of Disputed Fee, attaching copies (not originals) of supporting documents. For low-level misunderstandings not involving ethics violations, the Bar's Client Assistance Program can help. Rule 416 limits: https://www.sccourts.org/resources/judicial-community/court-rules/appellate/rule-416/rule-2/ |
| If a lawyer takes your money | The South Carolina Bar's Lawyers' Fund for Client Protection (Rule 411, SCACR) reimburses losses caused by a Bar member's dishonest conduct when the lawyer has died, been disbarred or suspended, resigned, been declared incompetent, gone bankrupt, left the state or cannot be found, or become a judgment debtor for that conduct. Payments are a matter of grace, not right, up to $40,000 per claim and $200,000 total per attorney. The application must reach the Bar within three years after you discovered (or should have discovered) the dishonest conduct, and no application is considered more than six years after the conduct. Application: https://www.scbar.org/for-the-public/quicklinks/help-with-your-attorney/ |
South Carolina rules to know first
| Lawyer fee limits | Attorney fees in South Carolina workers' compensation cases must be approved by the Workers' Compensation Commission (S.C. Code 42-15-90). Under the Commission's regulation, a contingent fee generally may not exceed 33.3% of the compensation; the client must sign a Form 61 agreeing to the fee after the attorney explains the total dollar amount to be deducted. Special rules apply: for example, uncontested death or lifetime-compensation claims are capped at $2,500, and the combined fee of all attorneys for one party may not exceed 33.3%. Statute: https://www.scstatehouse.gov/code/t42c015.php |
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| Deadline to file a claim | The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury. |
| Deadline to challenge a denial | A claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer. Claim filing: https://www.scstatehouse.gov/code/t42c015.php |
| Can you sue your employer? | Generally no. When employer and employee are both under the Workers' Compensation Act, the worker's rights under the Act exclude all other rights and remedies against the employer for the injury or death. The statute does not bar claims against a subcontractor of the employer (or its employees) that caused the injury. An employer that fails to secure coverage loses this protection: the worker may sue it at law (see uninsured employer). Court-made exceptions, if any, were not reviewed. Source: S.C. Code §§ 42-1-540, 42-5-40 |
| Suing someone other than your employer | Yes. The worker may sue a third party (not the employer) and receive compensation regardless. The worker must sue within one year after the insurer accepts liability or pays under an award, and must notify the Commission, employer and insurer within 30 days of filing. The insurer has a lien on the recovery for compensation and medical paid or to be paid, less its share of costs and attorney fees (fees set by the Commission, up to one-third of the insurer's amount). If the worker does not sue within the year, the right can pass to the insurer after written notice. A settlement for less than the compensation owed, made without the insurer's written consent, is not valid against the insurer, and the Commission may reduce the lien when the recovery is less than the worker's total damages. Source: S.C. Code §§ 42-1-550, 42-1-560 |
| Filing a claim online | Report the accident to your employer immediately (no compensation is payable unless notice is given within 90 days). Even if your employer's representative reports the claim, you must file your own claim with the South Carolina Workers' Compensation Commission within two years of the accident on Form 50 (Form 52 for a workplace death). Filing a claim is free; a request for a hearing costs $50. Forms are downloadable from the Commission's website. Questions about filing: Claims Department, claims@wcc.sc.gov. Statutes: https://www.scstatehouse.gov/code/t42c015.php |
Find and check a lawyer
| Lawyer referral service | The South Carolina Bar's Lawyer Referral Service (LRS) connects you with a lawyer by type of law and location. Call (803) 799-7100 (9 a.m.-noon and 1-5 p.m., Monday-Friday) or use the online referral service 24/7. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation; beyond that, or if you hire the lawyer, normal fees apply. LRS lawyers do not take pro bono cases. |
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| Check that the lawyer is licensed | The South Carolina Judicial Branch's attorney search lets you search for attorneys licensed to practice law in South Carolina by first name, last name or bar number; a successful search gives the attorney's name, phone number, address and email address. |
| Check discipline history or file a complaint | Complaints about South Carolina lawyers go to the Supreme Court's Office of Disciplinary Counsel (ODC); the South Carolina Bar does not license, investigate or discipline attorneys. A complaint must be in writing and signed by the person making it, fully identify the lawyer, describe what happened in detail with copies of supporting documents, and include your contact information; the ODC form is optional. File by mail to Office of Disciplinary Counsel, Post Office Box 12159, Columbia, SC 29211, or by hand delivery to 1220 Senate Street, Suite 201, Columbia, SC 29201. Email is not accepted. |
Free legal help
| Free legal aid | People who cannot afford a lawyer may qualify for help from South Carolina Legal Services, which offers an online intake form (through LawHelp.org/SC) to check eligibility for legal aid. The SC Bar also points to SC Free Legal Answers, a virtual clinic where qualifying users can post civil legal questions to volunteer lawyers. LSC lists South Carolina Legal Services as its South Carolina grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in South Carolina · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.