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A compensation attorney handles cases where a plaintiff claims compensation from a defendant, often involving personal injury or employment law. Many law firms operate on a “no win, no fee” basis, and attorneys may require specific qualifications in labor or personal injury law.
A compensation attorney works in cases where a plaintiff claims compensation from a defendant. Such cases usually go through a civil court system. While the term compensation attorney can cover a wide variety of cases, in the United States it generally refers specifically to cases involving an employee taking legal action against a current or former employer.
Cases for employees hired by a compensation attorney can range from injuries sustained on the job to unfair dismissal or discrimination cases. Most general compensation attorneys are involved in personal injury cases where an accident is a result of the company’s negligence. These attorneys can also handle cases where someone in a traffic accident feels they are receiving inadequate compensation from the other party’s insurers.
Exactly how cases involving a compensation attorney work vary from region to region and country to country. Generally, these cases are conducted on the principle that the loser of the case is responsible for paying the winner’s legal costs. When a claimant is paying their own legal costs ahead of a verdict, it usually means they should adhere to the principle that you should never start a case where you are not prepared to go through the entire legal process.
Because plaintiffs in workers’ compensation and personal injury cases are generally not in a position to pay legal fees up front, many law firms specializing in these cases operate on a “no win, no fee” basis. Under those provisions, if the plaintiff wins, the defendant will pay his legal fees. If the claimant loses the case, the attorney will not charge a fee.
Of course, this means that the attorney will not normally prosecute the case unless the plaintiff is likely to win. However, some law firms insist that the plaintiff pay an upfront premium for an insurance policy that pays the attorney’s fees if the case is lost. In some legal systems, a losing defendant may have to pay award costs. Some people argue that this system is open to abuse, as it encourages lawyers to take cases involving spurious claims, because despite the “no win, no fee” system, they are sure to get paid regardless of the outcome.
There are several formal and informal requirements for becoming a compensation attorney. It is best suited for people with an aptitude for working with people, as it involves a high degree of personal contact with the client. Requires expertise in a specific area of law, for example, personal injury or employment law. This experience is usually best gained by specializing in the field during the later stages of initial legal training. There may also be a requirement within the relevant state or country to have formal qualifications in labor or personal injury law.
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