Workers Comp Attorney Fees South Carolina are set by state law, not by the lawyer: Up to 33.3% (one-third) of the total compensation secured, with medical costs left out of the base. If the worker already had an impairment rating from an authorized provider before hiring the attorney, the fee is capped at 33.3% of the difference between that original rating and the disability rating finally secured.
The Commission must approve every fee., under S.C. Code Regs. 67-1205 (Determining a Reasonable Fee), under S.C. Code Ann. § 42-15-90. This guide to workers comp attorney fees South Carolina explains who pays the fee, why you should never pay up front, who has to approve it, what costs fall outside the cap and what a $50,000 settlement actually nets after the fee.
Verified against South Carolina sources as of October 2026.
South Carolina at a Glance
| Fee cap | Up to 33.3% (one-third) of the total compensation secured, with medical costs left out of the base. If the worker already had an impairment rating from an authorized provider before hiring the attorney, the fee is capped at 33.3% of the difference between that original rating and the disability rating finally secured. The Commission must approve every fee. (S.C. Code Regs. 67-1205 (Determining a Reasonable Fee), under S.C. Code Ann. § 42-15-90) |
| Who pays | Usually the worker, as a deduction from the compensation award or settlement; the insurer or employer pays only in enforcement cases under § 42-3-175 |
| Judge/board approval | YES. S.C. Code Ann. § 42-15-90: no person may receive a fee, gratuity, or other consideration for services under Title 42 unless it is approved by the Commission or a court of competent jurisdiction. The approval process is set out in S.C. Code Regs. 67-1204 and 67-1205. — South Carolina Workers’ Compensation Commission (Form 61 Attorney Fee Petition and Order), or a court of competent jurisdiction |
| On a $50,000 settlement | Up to $16,650 |
In This South Carolina Guide:
The Cap on Workers Comp Attorney Fees South Carolina Allows
Up to 33.3% (one-third) of the total compensation secured, with medical costs left out of the base. If the worker already had an impairment rating from an authorized provider before hiring the attorney, the fee is capped at 33.3% of the difference between that original rating and the disability rating finally secured. The Commission must approve every fee. The rule is at S.C. Code Regs.
67-1205 (Determining a Reasonable Fee), under S.C. Code Ann. § 42-15-90. (1) Every fee petition uses Commission Form 61 (Attorney Fee Petition) and Form 61 Order, and the client must sign Form 61. (2) If an authorized provider gave an impairment rating before the attorney was hired, the attorney’s percentage applies only to the increase they secure above that rating (R.67-1205).
(3) The fee must also comply with SC Rule of Professional Conduct 1.5, which bars unreasonable fees. Many claimants should confirm the details with the Commission and a licensed South Carolina attorney.
Who Pays Workers Comp Attorney Fees South Carolina
Usually the worker, as a deduction from the compensation award or settlement; the insurer or employer pays only in enforcement cases under § 42-3-175 The fee is contingent: no recovery, no fee. S.C.
Code Ann. § 42-3-175: if a claimant brings an action to enforce a Commission order for medical treatment or benefits, and the Commission finds the insurer, self-insured employer, self-insured fund, or adjuster failed to comply without good cause, that party must pay the claimant’s attorneys’ fees and the costs of enforcing the order.
Who Approves Workers Comp Attorney Fees South Carolina
YES. S.C. Code Ann. § 42-15-90: no person may receive a fee, gratuity, or other consideration for services under Title 42 unless it is approved by the Commission or a court of competent jurisdiction. The approval process is set out in S.C. Code Regs. 67-1204 and 67-1205. South Carolina Workers’ Compensation Commission (Form 61 Attorney Fee Petition and Order), or a court of competent jurisdiction NO.
Under R.67-1205 and Form 61, the fee is figured on the award or settlement with medical costs excluded.
Workers Comp Attorney Fees South Carolina: The Rules at a Glance
Every rule on workers comp attorney fees South Carolina below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | Up to 33.3% (one-third) of the total compensation secured, with medical costs left out of the base. If the worker already had an impairment rating from an authorized provider before hiring the attorney, the fee is capped at 33.3% of the difference between that original rating and the disability rating finally secured. The Commission must approve every fee. |
| Statute or rule | S.C. Code Regs. 67-1205 (Determining a Reasonable Fee), under S.C. Code Ann. § 42-15-90 |
| Who pays | Usually the worker, as a deduction from the compensation award or settlement; the insurer or employer pays only in enforcement cases under § 42-3-175 |
| Approval required | YES. S.C. Code Ann. § 42-15-90: no person may receive a fee, gratuity, or other consideration for services under Title 42 unless it is approved by the Commission or a court of competent jurisdiction. The approval process is set out in S.C. Code Regs. 67-1204 and 67-1205. |
| Approved by | South Carolina Workers’ Compensation Commission (Form 61 Attorney Fee Petition and Order), or a court of competent jurisdiction |
| Employer or insurer pays the fee | S.C. Code Ann. § 42-3-175: if a claimant brings an action to enforce a Commission order for medical treatment or benefits, and the Commission finds the insurer, self-insured employer, self-insured fund, or adjuster failed to comply without good cause, that party must pay the claimant’s attorneys’ fees and the costs of enforcing the order. |
| Fee taken from medical benefits | NO. Under R.67-1205 and Form 61, the fee is figured on the award or settlement with medical costs excluded. |
| Example: $50,000 settlement | Maximum fee $16,650 |
Costs Outside the Cap
Litigation costs — medical records, expert and deposition fees, filing costs — are usually separate from the capped fee in South Carolina, and a fee agreement must say who advances them and who repays them from the award.
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What a $50,000 Settlement Nets After Workers Comp Attorney Fees South Carolina
On a $50,000 settlement the maximum fee under the South Carolina cap is $16,650, leaving about $33,350 before any costs and any lien. Represented workers often settle for more than unrepresented ones, which is why the fee is usually not the thing to optimize — the offer is.
When a Lawyer Is Worth the Fee
Workers comp attorney fees South Carolina law allows are small enough that a lawyer earns the fee on any denied claim, any permanent injury, any settlement offer you cannot evaluate and any case where the insurer disputes the doctor. A short, medical-only claim that the insurer is paying without dispute rarely needs one.
Reading a South Carolina Fee Agreement
Before you sign, check four lines against the workers comp attorney fees South Carolina rules above: the percentage (at or under the cap), the words “no fee unless we recover,” who advances costs, and the statement that the fee is subject to approval. If any line is missing, ask — and if the answer is wrong, the state agency’s information line will confirm the rule at no cost.
Got a settlement offer? Before you accept, it helps to know what your South Carolina case may really be worth. An attorney can review the offer, often at no upfront cost.
Frequently Asked Questions
How much can a workers comp lawyer charge in South Carolina?
Up to 33.3% (one-third) of the total compensation secured, with medical costs left out of the base. If the worker already had an impairment rating from an authorized provider before hiring the attorney, the fee is capped at 33.3% of the difference between that original rating and the disability rating finally secured. The Commission must approve every fee.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in South Carolina if I lose?
No. A contingency fee is owed only on money recovered. Costs may be handled differently — check the fee agreement.
Who approves attorney fees in a South Carolina workers comp case?
South Carolina Workers’ Compensation Commission (Form 61 Attorney Fee Petition and Order), or a court of competent jurisdiction
Official South Carolina Sources & Resources
- South Carolina South Carolina Workers’ Compensation Commission: https://wcc.sc.gov
- South Carolina Workers’ Comp Statute: https://www.scstatehouse.gov/code/t42c015.php
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees South Carolina guide was last verified against official South Carolina sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.