A compensation lawyer’s work involves working with cases where a plaintiff seeks damages from a defendant. These types of cases normally go through the civil court system. And while the term “compensation lawyer” may cover various cases, in Australia it usually refers to specific cases involving an employee who is taking legal action against a current or former employer.
Employee cases that get taken on by a compensation lawyer can include anything from injuries received at work to an unfair dismissal or a discrimination case. A lot of compensation lawyers are affiliated with personal injury cases where an accident was the outcome of a business’s negligence. These sorts of lawyers also work with cases where people involved in traffic accidents, are in need of traffic lawyers in Perth and feel that they are being offered an insufficient sum of compensation from the other party’s insurers.
A Range of Various Cases
How these cases involving a compensation lawyer work will differ from region to region and from country to country. In nearly all cases:
- They are carried out on the principle that the loser of any case will then be made responsible for paying any legal costs of the winner.
- If a plaintiff is paying for their own legal fees before a verdict, they will be advised to follow the principle that you should never start any case that you are not prepared to see all the way through.
- Due to plaintiffs in worker compensation and personal injury cases often not being able to pay legal fees up front, a lot of law firms who specialise in such cases operate on a “no win, no fee” basis.
- Under such understandings, if a plaintiff wins, the defendant must pay their legal costs. If the plaintiff loses the case, the lawyer charges no fee.
- This basically means, this means that a lawyer will not normally take on any case, unless it is more than likely that the plaintiff will win.
Presenting the Case
In some countries, a losing defendant has to pay back the costs of the premium and some people argue that this type of system is open to abuse because it encourages lawyers to take on cases involving spurious claims. Because, of the “no win, no fee” system, they are guaranteed to be paid whatever the outcome and luckily, this is not the case in Australia.
A worker’s compensation lawyer can assist the employee to file his or her claim, help the employee in the proper filling out of necessary paperwork and complying with all state-specific claims processes. If he is working for an insurance firm, he might also aid the company in concluding if the employee meets the proper legal requirements for recovery, which mostly involves determining if the injury occurred in the course of a work related task.
Whatever your situation, it’s in your best interests to consult a professional reliable legal expert first.