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Disputes and legal costs

The Workers Compensation Tribunal hears all disputes in the first instance. There is a system of compulsory conciliation conferences and a formal judicial hearing process. Some limited legal costs will be reimbursed to a worker for representation at the conciliation level. Before obtaining representation a worker should ask for an estimate of the fees and how much of these fees are likely to be reimbursed. The majority of claims are settled by conciliation.

At a judicial hearing a worker who is legally represented is entitled to be reimbursed legal costs equal to 85% of the relevant Supreme Court scale of legal costs. Many experienced practitioners who specialise in workers compensation claims will represent injured workers for this fee and without charging any costs on top. A worker is entitled to be reimbursed these legal costs even if they lose their case, but provided they have not acted unreasonably in bringing the case. If the proceedings were frivolous or vexatious a person may be ordered to pay the other party's full legal costs.

The rules of the workers compensation tribunal prevent any solicitor charging at a rate greater than the Supreme Court scale, including ‘no win no fee’ agreements, unless there are exceptional circumstances. Such an exception can only be approved by a presidential member of the Tribunal.

Any worker wishing to challenge a decision about a claim must lodge a Notice of Dispute with the Workers Compensation Tribunal. A right of appeal exists on a question of law to a full bench of the Tribunal and from 1 January 2009 then to the Supreme Court.

SA Unions has a Workers Compensation Service (WCS) that provides advice, dispute resolution and advocacy services to eligible workers.

Workers Compensation Service (WCS)
46 Greenhill Road, Wayville SA 5034
Ph 8279 2220
Fax 8279 2219
workerscomp@saunions.org.au
Disputes and legal costs  :  Last Revised: Thu Nov 6th 2008




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