South Carolina Workers' Compensation Attorneys

At DearLegal, we connect you with experienced South Carolina workers' comp attorneys who handle claims before the South Carolina Workers' Compensation Commission. From auto manufacturing in Spartanburg (BMW) and Greer, to aerospace in Charleston (Boeing), to port and longshore work in Charleston (often LHWCA), to construction across the Lowcountry and Upstate, we'll match you with the right attorney at no cost to get started.

Notice within 90 days under S.C. Code § 42-15-20, and the Form 50 / 52 must be filed within 2 years of injury under § 42-15-40. Occupational disease has separate timing rules under § 42-11-70.

The employer. Under S.C. Code § 42-15-60, the employer directs medical care. The worker can request a change with Commission approval.

South Carolina workers' comp attorney fees are subject to Commission approval — typically up to 33% per Commission rule. Third-party tort claims run on standard 33%–40% contingency outside the comp system.

Generally no — exclusive remedy under S.C. Code § 42-1-540. Narrow Peay v. US Silica intentional-injury exception. Third-party claims against non-employers (equipment makers, contractors, negligent drivers) are not barred.

Port of Charleston longshore and harbor workers typically fall under federal LHWCA. Classification is critical — LHWCA benefits substantially exceed state comp.

Medical treatment, TTD at 66 2/3% of AWW (capped at the state AWW), permanent partial disability under S.C. Code § 42-9-30, permanent total disability under § 42-9-10, and death benefits — with a 500-week aggregate cap on most weekly compensation.

South Carolina recognizes retaliatory-discharge claims under S.C. Code § 41-1-80 for terminating an employee for asserting comp rights. Damages outside comp can include back pay and emotional distress.

Why Do You Need a Workers' Compensation Attorney in South Carolina?

South Carolina's Workers' Compensation Law (S.C. Code § 42-1-10 et seq.) is administered by the South Carolina Workers' Compensation Commission. TTD pays 66 2/3% of AWW under S.C. Code § 42-9-10. The employer chooses the treating physician under § 42-15-60. Attorney fees are subject to Commission approval — typically up to 33% on contested benefits per Commission rule. South Carolina caps weekly compensation at 500 weeks aggregate under § 42-9-10 with limited exceptions. The state's manufacturing footprint — BMW (Spartanburg), Boeing (Charleston), Volvo (Berkeley County), Michelin, Bridgestone — drives serious claims. Port of Charleston work often falls under federal LHWCA. An experienced South Carolina attorney secures the right impairment rating, properly classifies federal/maritime overlap, and preserves third-party claims.

When Do You Need a Workers' Compensation Attorney in South Carolina?

Our network includes South Carolina workers' compensation attorneys who handle every kind of case, including:

Types of Workers' Compensation Cases in South Carolina

From the moment you connect with a South Carolina workers' compensation attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 90-day notice or 2-year filing deadline under §§ 42-15-20, 42-15-40

Accepting state comp when LHWCA covers your Port of Charleston work

Going to a non-authorized doctor without Commission approval

Accepting an impairment rating without an IME

Settling before reaching MMI and addressing future medical needs

Missing a § 42-1-550 third-party claim against equipment makers, contractors, or at-fault drivers

Missing the 90-day notice or 2-year filing deadline under §§ 42-15-20, 42-15-40

Accepting state comp when LHWCA covers your Port of Charleston work

Going to a non-authorized doctor without Commission approval

Accepting an impairment rating without an IME

Settling before reaching MMI and addressing future medical needs

Missing a § 42-1-550 third-party claim against equipment makers, contractors, or at-fault drivers

Common South Carolina Workers' Compensation Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do South Carolina Workers' Compensation Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

South Carolina workers' comp attorney fees are subject to Workers' Compensation Commission approval — typically up to 33% on contested benefits. LHWCA fees on Port of Charleston claims may be employer-paid. Third-party tort claims (motor vehicle, product liability, contractor) run outside the comp system on standard 33%–40% personal-injury contingency.

What Can Your South Carolina Workers' Compensation Compensation Include?

Medical Benefits

Reasonable and necessary medical treatment under S.C. Code § 42-15-60, including future medical when needed for the work injury.

Temporary Total Disability (TTD)

66 2/3% of average weekly wage under S.C. Code § 42-9-10, capped at the state AWW, subject to the 500-week aggregate cap.

Permanent Partial Disability (PPD)

Scheduled and unscheduled benefits under S.C. Code § 42-9-30 using impairment rating and statutory weeks.

Permanent Total Disability (PTD)

Weekly benefits under § 42-9-10 when the worker can't return to gainful employment, subject to statutory caps.

Death Benefits

Weekly benefits to surviving spouse and dependents under S.C. Code § 42-9-110, plus burial expenses, subject to the 500-week cap.

Vocational Rehabilitation

Available when reasonably necessary to return the worker to employment.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

South Carolina Workers' Compensation Attorneys

Why Do You Need a Workers' Compensation Attorney in South Carolina?

When Do You Need a Workers' Compensation Attorney in South Carolina?

Types of Workers' Compensation Cases in South Carolina

Common South Carolina Workers' Compensation Mistakes

How Much Do South Carolina Workers' Compensation Attorneys Cost?

What Can Your South Carolina Workers' Compensation Compensation Include?

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