What to Do When Someone Dies Without a WillWhat to Do When Someone Dies Without a Will

About Me

What to Do When Someone Dies Without a Will

Hello, my name is Kerry. Last year my mother died suddenly. When we went through her papers, we discovered she didn't have a will. My mother had been married to another man before she met my father and I had a couple of step brothers. Unfortunately, they turned up on our doorstep and started to demand that we hand over my mother's life savings to them and their family. I contacted a lawyer who specialises in probate law. She talked me through my case and explained how we would defend it in court. Thankfully, the matter was resolved to my satisfaction and I could start to grieve for my mother. I decided to start this blog to help others who have a contested will on their hands.

Tips Employers Can Use to Avoid Going to Court Over Workers Compensation Claims

11 July 2017
 Categories: Law, Blog

One of the major headaches employers may be faced with is having a backlog of workers' compensation cases awaiting determination by the courts. If the court decisions are not in their favour, they may have to pay out huge sums of money as compensation to aggrieved workers. Aside from that, many employers want to avoid being involved in workers' compensation cases because it can tarnish their reputation — the general public usually takes it that companies faced with too many workers compensation claims do not care about the safety and health of their employees. 

If you are an employer in Australia, and you want to avoid the undesirable outcomes that may come with being involved in workers' compensation cases, you should follow these golden tips.

Follow the law

Any person, corporate entity or organisation conducting business operations in Australia is generally responsible for the health and safety of their employees while at the workplace. That means that should any of your workers get sick or injured because you have violated workplace health and safety laws, they can sue you for damages by filing a workers' compensation claim in a court of law. 

The surest way to steer clear of these type of cases is to make sure you comply with work health and safety laws. Exercise due diligence in meeting health and safety requirements and you will be able to minimise work-related issues that may cause your workers to develop occupational diseases or become injured. 

Try mediation 

Despite your best efforts to ensure the health and safety of your workers, you may still be faced with situations where your employees file for workers compensation. Workers compensation cases usually take a lot of time to determine. This can mean paying high legal fees because many lawyers charge based upon the time spent in court. Instead of opting for court settlement, you can approach your workers to consent to an out-of-court settlement known as mediation. 

Mediation is particularly feasible for employers that are convinced they're liable for their workers' woes, and that the court will most likely rule in favour of the plaintiffs. A mediator, will listen to both parties and give a fair recommendation on the value of the claim. This will help avoid the bad publicity associated with court action.

If you're unable to avoid court action and need advice, contact a workers' compensation lawyer for more information about dealing with your situation.