Workers' Comp Settlements in South Carolina

Yes. An employee and employer may settle as long as the amount and the time and manner of payment follow the workers' compensation law. If both sides have attorneys, the employer files a copy of the settlement agreement with the Workers' Compensation Commission. If the employee has no attorney, the agreement must be filed with the Commission and approved by one commissioner. Separately, once weekly payments have run at least six weeks, the Commission may allow future payments to be converted to a lump sum it sets, if this is not against the employee's best interest; no total lump sum may be ordered for a worker entitled to lifetime benefits.

Total disability compensation may not be paid for more than 500 weeks. The exception is a worker found totally and permanently disabled who, because of the work injury, is paraplegic or quadriplegic or has physical brain damage; that worker receives benefits for life. Partial disability compensation may not cover more than 340 weeks from the date of injury, and any earlier period of total disability is not deducted from that 340-week maximum. Scheduled losses (such as a hand or foot) are paid for set numbers of weeks under a separate schedule.

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%.