How much will it cost to have a lawyer represent me at the Tribunal?
Published: 20 November 2009
If you have an unresolved disagreement with Employers Mutual or your self-insured employer about some aspect of your claim and you intend to lodge a dispute at the Workers Compensation Tribunal, you will probably need legal representation. Many people are reluctant to seek legal help because they think it will cost too much.
While it is true that legal representation is not free, there is a good possibility that the compensating authority will cover most, if not all, of the cost of the proceedings in the Tribunal. Compensating authorities have to pay the legal costs of injured workers up to certain amounts prescribed by regulations whether or not the dispute is decided in the injured worker’s favour. This is provided that the injured worker has not acted unreasonably, frivolously or vexatiously in initiating or conducting the dispute proceedings.
Under the regulations, legal representatives can now recover up to $1,000 from the compensating authority for preparing and lodging the notice of dispute and representing the injured worker in the conciliation process at the Tribunal. In some cases this will cover the cost of the representation in full and in others it won’t. However, the injured worker will only be required to make up the difference if the Tribunal has approved it. In more complicated conciliation proceedings it is possible for lawyers to apply to the Tribunal for permission to recover from the compensating authority up to $2,500 for their involvement in the conciliation process. If permission is granted, then this will reduce the amount that the injured worker would otherwise have had to pay from his or her own pocket.
If the dispute does not resolve at the conciliation stage, it will be referred for trial before the President or a Deputy President of the Tribunal. The legal costs for preparing the case for trial and representing the injured worker at trial are recoverable from the compensating authority at the level of 85% of the amount that would be allowable under the Supreme Court scale of legal fees. Some firms do not charge more than what they can recover from the compensating authority while others do and expect the injured worker to pay the difference between their total fees and the amount recovered from the compensating authority.
It is therefore important to get a clear explanation from lawyers when you first consult them about what they charge and how much you are likely to have to pay depending on whether the dispute resolves at conciliation or needs to be referred for trial. You may be surprised to find that it will not cost you as much as you first thought.
If you are unsure about which law firms to approach for help with your dispute, the Law Society of South Australia (ph 8229 0222) provides a specialist referral service and will be able to give you the names of several firms that specialise in workers compensation.
If you are still reluctant to use the services of a lawyer, SA Unions Workers Compensation Service, provides free representation for conciliation of disputes at the Tribunal. You do not need to be a union member to use their service. For more information, contact them on 8279 2220 or 1800 677 687.