The job of someone who is a compensation lawyer includes expertly working with cases in which a plaintiff is pursuing financial damages from a defendant. These types of cases normally go through the civil court system, and whilst the compensation lawyer can cover many cases, in Australia it usually applies to specific cases in which an employee is taking legal action against a current or previous employer.
The kind of worker cases which are taken on can include anything from injuries sustained at a place of work to an unfair dismissal or discrimination case. A lot of compensation lawyers are connected to cases of personal injury where an accident was the outcome of a business’s carelessness.
A Broad Range of Cases
- Every case is carried out on the principle that the loser in all cases will then be made accountable for the paying out of all legal costs of the winner.
- If a litigant is paying for his or her own legal service prior to a verdict, they are encouraged to follow the rule that he or she should never start any case which they are not ready to see all the way through.
- Any worker making an income protection insurance claim are instructed to seek the professional help of a legal expert in such matters in every case.
- Due to plaintiffs in worker compensation and personal injury cases being commonly unable to afford legal fees up front, a lot of law firms who specialise in these types of cases, work on a “no win, no fee” principle.
- With this understanding, if the litigant wins the case, the defendant will then have to pay their legal costs and should the litigant lose the case, the lawyer charges no fee.
- This basically means that a lawyer will not normally take on any case, unless it is more than likely that the litigant will be successful.
Professional Help is a Necessity
In some countries, the losing defendant has to pay back the costs of the premium and it has been debated that this type of arrangement is open to profiteering because it encourages lawyers to take on cases involving false claims. Due to the “no win, no charge” system, they are rest assured of being paid no matter what the outcome.
- A workers compensation lawyer can assist him or her to file their claim, help the worker in the lawfully proper filling out of necessary paperwork and comply with all state-specific claims procedures.
- If he or she is working for an insurance firm, they can also help a company to determine whether an employee meets the correct legal requirements for recovery, which in the majority of cases involves considering whether the injury occurred during the course of a work related task.
Whatever the situation is that you are in regarding compensation, it really makes the very best common sense to consult with a professional and reliable legal expert.