Will you be charged a percentage of your compensation payouts? NO!!!


It is is a widely held belief  that an injured worker (the Claimant) will be charged a certain percentage ( i.e. 25 %) of the settlement sum  by their representing lawyer(s) after a common law case has reached settlement [and with a no win no fee structure.]. Some injured workers even believe that their lawyers will take a certain percentage of their lumpsum. This is NOT true! (At least not in Vic)

Please note and remember at all times that it is illegal for a Victorian (VIC) lawyer to charge a percentage of a settlement sum.

Will you be charged a percentage of your compensation payouts?NO!

However, If your case is taken on a “no win no fee” basis then your [hopefully] hard-working lawyer(s) is/ are entitled to charge an additional fee which is a percentage of the costs (and not the settlement  amount – compensation awarded).

In Victoria a lawyer is NEVER allowed to charge a percentage of the settlement sum.

If your lawyer tells you this is what is “done”, then you should immediately make a complaint to the Law Institute of Victoria.

For example, if, at the closure of your case, your lawyer were to say to you: ” Workcovervictim, we’ve settled your case for $400,000. We are thus charging you 25% of the settlement sum, so your bill is $100,000″, then this is illegal.

If -on the other hand- your lawyer says: “Workcovervictim, we’ve settled your case for $400,000. We have done $44,000 worth of work and can charge you an additional 25% of the $44,000 on top. So your bill is $54,000″, then this is reasonable and acceptable.


tipBe very aware of shark lawyers out there, who thrive on nothing more but the misery, vulnerability and fragility of seriously injured workers.


[Post dictated by WCV and manually inserted on behalf of WCV who remains incapacitated and under medical treatment]


8 Responses to “Will you be charged a percentage of your compensation payouts? NO!!!”

  1. but at the end the sharks do take a lot of money and they makes sure they get what is theirs even though the client doesnt get what they were promised

  2. Ahh my dear friend, MP can barely make it to the loo let alone go for a stroll. The stress thing though, we’ve both thought that for a while now but the GP’s do the UM and ARR stuff, you know what I mean, when they really don’t know.

  3. Good luck with the pain clinics MP. And the diabetes. It usually responds to regular exercise as does pain and stress. Walking is great regular exercise if you can do it.

  4. Is all over the place mostly UP. Is there anyone here who has diabeties which is all over the place because of pain and stress ??? I’ve read both can play a significant part in the readings but one of her Drs seems a bit hum har about it all. Would really appreciate some help here, thanks. Take care all. Pauline & Harry ::

    • I think you need to consult a new endocrinologist as stress and pain has a big impact on diabetes on my bad days my insulin dose needs to be adjusted by up to 80 units quick acting per day and my Dr gave me great help in adjusting my dose where I could ring him at home to tell him my readings. Roads and Maritimes NSW are trying to bring in a ridiculous legislation if your HBA1C is above 9 they will cancel your licence which is ludicrous when some people have swings in there levels brought on by pain and stress. I wish you luck in your future endeavours. If you are in Sydney the pain clinic at prince of Wales staff are a great bunch of guys who I highly recommend.

      • Hey Morph, Thanks. Thats exactly what the GP told her. “They’ll take your licence away from you,” he also said “fuck”, (wish I’d been there). Her levels are all over the place but mainly high and like you she has to adjust the amount she injects. We’re in Vic, her pain levels are “through the roof”, and she has a high tollerance, but tomorrow she goes for an inject, cortizone into the thigh. In the last few years, since her accident, she’s moved from diabeties 1 to 2 quickly. As a fellow diabetic would appreciate any advice. Thanks

  5. This is like “gold” for those who dont know how the “fee structuring” works, I’ve wondered but not known & I’d stake my life on the fact that MP has no idea either. Thank you. Its been a rough week for MP, the funeral was Thursday, she was a wreck, still hasn’t really sunk in. We were meant to meet the barrister on Friday morning but it was cancelled, bugger. She has received some good news, finally, she’s off to a Pain Clinic, after 4 years. I hear they’re great. Thanks Harry.Here, its just one day flowing into the next. MP’s diabeties is

  6. PS when you receive your account(s), always ask for an itemised account as well, so you can check “what work” has been charged for.