The work of a compensation lawyer involves skilfully working with any case in which a plaintiff is seeking financial damages from a defendant. These sorts of cases usually go through the civil court system, and while a compensation lawyer can take on and cover many cases, in Australia it generally refers to particular cases which involve a worker who is taking legal action against a present or former employer.
The type of worker cases that are taken on by such a lawyer may include anything varying from injuries received whilst at a place of employment to an unfair dismissal or discrimination case. Many compensation lawyers are connected to personal injury cases in which an accident was the outcome of a company’s carelessness.
A Wide Range of Cases
- Each case is conducted on the principle that the loser in any case will then be made accountable for paying all legal costs of the winner.
- Should a litigant be paying for their own legal service before a verdict, they are advised to follow the rule that one should never begin any case which you are not ready to see all the way through.
- All employees making an income protection insurance claim are advised to seek the assistance of a legal professional in such matters in all cases.
- Because the plaintiffs in worker compensation and personal injury cases being often not able to afford legal fees up front, many law firms who happen to specialise in such cases work on a “no win, no fee” basis.
- Under this understanding, if a litigant wins the case, the defendant will have to pay their legal costs and should the litigant lose the case, the lawyer will then charge no fee.
- This essentially means that a lawyer will not usually take on a case, unless it is more than likely that the litigant will be triumphant.
Professional Assistance is a Must
In a number of nations, a losing defendant must pay back the costs of the premium and it has been argued that this kind of arrangement is open to exploitation due to it encouraging lawyers to take on cases involving bogus claims. Due to the “no win, no fee” system, they are assured to be paid whatever the outcome and luckily for us, this is not the case in Australia.
- An employee’s compensation lawyer can help the employee to file their claim, help the employee in the legally correct filling out of required paperwork and comply with all state-specific claims procedures.
- If he or she is employed by an insurance firm, they may also assist a company in determining whether an employee meets the appropriate legal requirements for recovery, which in most cases involves considering if the injury happened during the course of a work related duty.
In whatever situation you are with regards to compensation, it really is in your best interests to contact and consult with a professional and trustworthy legal expert.