Psyber wrote:redandblack wrote:Exactly. If there was a class action, it would be irrelevant whether the Government had said sorry or not. It would be decided by the courts on the facts.
As for worrying about lawyers benefiting, there are enough issues in the courts keeping them happy as it is. One more won't make much difference.
It's a question of what is right.
No, " No win No pay" deals for a percentage of the take are much more lucrative if you can engineer it so a win is likely in advance - lots of money for minimal time put in. They would happily drop the time consuming ones.
As I have said in another thread, I have seen situations where law firms have discouraged workers from pursuing treatment and recovery to try to get bigger payouts for permanent disablement. They should work to ensure prompt early treatment is provided because recovery and return to the workforce is usually worth a lot more to the worker in the long run.
And no, I am not of the "force them back to work" ilk. I have done two reports for insurers in the last week as an independent expert saying the worker is being rushed inappropriately.
Like I said before Pysber, can't take a percentage in SA. You might want to check the preffessional conduct rules in other states.