Who is the Lawyer that deals with the legal suits related to compensation?
A Compensation Lawyer is the lawyer who deals with all the types of civil law suits in which the plaintiff sues the defendant in order to seek the financial compensation over the damages incurred by the plaintiff where the defendant is held responsible for the damages and expenses incurred by the plaintiff.
Reasons that leads to filing of the legal suits by the plaintiff(here employee of the firm)for claiming compensation amount through the court of law on behalf of the lawyers dealing with the compensation issues of the plaintiffs(here employees of the firm)
• Lawyers dealing with the compensation cases of the employees of a private or public firm or a company files the compensation law suits in the court of law when the employees are dismissed by the company managers due to certain bias
• Lawyers dealing with the compensation issue of the employees of a private firm or a public company or a corporation sues the company in the court of law if there is discrimination against the employee over the issue of promotion
• Lawyers dealing in the matters of compensation for the employee of a company or firm can sue the company in the court of law for the inadequate payment to the employee for the medical expenses incurred by the employee due to the injury suffered by the employee while working in the company
• Lawyers dealing with the compensation problems of the employees sues the company over the personal injury caused to the employee of the company due to the company’s negligence
• Lawyers handling the compensation issues of the employees can also sue the company over the inadequate compensation offered by the company for the personal injury caused to the employee of the company due to the negligence of the company’s owners
• Lawyer handling the issues of compensation of the insurer sues the insurance companies when the insured person meets with the accident in traffic but is paid inadequate amt of compensation money by the insurance firm as per the insurance agreement or the insurance deal
Skills required for a lawyer to argue the cases that are related with the compensation matters
• Lawyers dealing with the compensation matters must have good knowledge of personal laws .compensation laws ,employment laws, and labor laws
• Lawyers handling the cases of compensation for the employees and the cases related to personal injury must have the good knowledge of the working conditions and work environment of the company in which the employee is working
• Lawyers handling the compensation matters of the plaintiff(employee) must also be well aware of the employee’s social condition , employee’s psychology, employee’s surrounding ,environment in which the plaintiff(employee) is living and the social upbringing of the employee before taking the brief of the plaintiff(employee)
• Lawyers handling the compensation issues must be bold and courageous and must have a courage to make a high degree of face to face contact with their clients
Educational Qualifications required by the lawyer to practice legal cases related to compensation in the court of law
• It is mandatory to complete a four year bachelor degree in any discipline before applying for admission to the law school
• It is of added advantage to complete the graduation or post graduation with specialization in the subjects like business ,labor relations and finance
• It is necessary to appear for the Law School Admission Test (LSAT) in order to get admission into the law school recognized by American Bar Association.
• So it is necessary for a student who is in his last year of graduation or the student who has finished the graduation to prepare for the Law School Admission Test(LSAT)in order to get the admission to a law school that is recognized by the American Bar Association
• After completion of three years of graduation at the law school with the specialization in the subjects like general compensation laws and labor laws, the law graduate can appear for the state bar examination(from which the law graduate obtained the law degree )taken by the respective state bar association in order to become a lawyer dealing in matters of compensation
• After clearing the state bar exams the law graduate gets the license to practice law
Job description of the lawyers dealing in the compensation matters
The cases involving the work of the lawyer handling the compensation issues varies from one country to another and from one state to another.Generally, these cases of compensation are carried out on the principle that the loser of the law suit is responsible for paying the legal costs incurred by the winner. This principle applies to both the plaintiff and the defendant.
But the plaintiffs in the cases involving compensation for the workers and personal injury cases are most often not in the position to pay the legal fees. So some of the law firms carrying out the briefs of such plaintiffs and dealing with the cases of worker compensation and personal injuries work on the principle of “no win, no fee” basis. In these cases if the plaintiff wins the defendant has to pay the legal fees of the firm which also covers the lawyer’s fees. But if the plaintiff losses the legal suit then the plaintiff is not liable to any fee charged by the lawyer.
Thus in the case of “no win, no fee” situation the lawyer who deals with the matters of compensation will not take the brief of the plaintiff unless the case is strong and unless the lawyer is sure about the positive outcome of the legal suit. However certain law firms insist on the payment of the up-front premium to be paid by the plaintiff for an insurance policy that pays the lawyer’s fees in the situation or in the case of plaintiff losing the law suit. Also some plaintiffs are unable to pay the fees to their lawyers who are arguing the law suits (law petitions) of the plaintiffs for obtaining compensation for the plaintiffs from the defendants in the court of law. In such cases the lawyers would fight the legal suit on the contingency-fee basis in which the plaintiff would have to pay the fee of the lawyer if he/she wins the legal suit. This legal fee is generally a percentage of the compensation awarded by the court of law. In some of the law systems a losing defendant has to pay back the costs of the premium.
Importance of the lawyers dealing with the compensation issues
Now days the demand for the lawyers dealing with the matters of compensation has increased. The need for these lawyers has increased with growing amt of industrialization and due to the rise in the issues of employee salary problems. Modern technology and urbanization has brought with it the ill effects along with the benefits. Today there is an increase in the cases of mental harassment of the employees by the employers who exploit the employees by making them work beyond the stipulated time (work for extra hours) without paying them for the extra work. Thus such employees could address their job concerns and present these critical and unsolved problems to the lawyers who are dealing with the compensation issues and the lawyers would deal with these cases of compensation for the employees by filing the law suits on behalf of employees against the employers in the court of law.
Finally one can say that the career as a compensation lawyer is a growing and an enriching career and with the growth and rapid increase in the industrialization the employee problems and employee salary issues are bound to rise. So in order to resolve their problems of compensation the workers or the employees would always need the legal assistance from the lawyers dealing with the compensation issues. Thus demand for the lawyers dealing with compensation would always be there.