Lawyers a bulwark for the vulnerable in flawed system

Law Society of NSW

Friday, 7 November 2025

Lawyers a bulwark for the vulnerable in flawed system  

Solicitors provide often indispensable support to injured workers as they attempt to navigate a complex and flawed compensation system.

President of the Law Society of NSW Jennifer Ball said the targeting of lawyers in the debate over the NSW workers compensation scheme is a distraction from the shortcomings of a system that solicitors recognise is overdue for reform.

“The present workers compensation scheme is so complex that without legal assistance, the majority of injured workers would not be able to get the support they need to continue to recover from or live with lifelong impairment to their physical and/or psychological health,” Ms Ball said.

“Attempts to shift the focus in the debate on the workers compensation scheme away from fair and just reforms, do nothing to assist injured workers who are some of the most vulnerable members of the community.”

Ms Ball said all solicitors, including those who work on workers compensation cases, are legally bound t0 work in the best interests of their clients.

“A solicitor’s duty to their client includes working to obtain what they are entitled to. Solicitors are likewise bound by ethical duties that prohibit the coaching of clients,” Ms Ball said.

“The practice of law is closely regulated, including in relation to costs, and the Law Society notes that there are robust mechanisms in place to address professional misconduct.”

“Costs for lawyers representing injured workers are further regulated. The professional fees and disbursements for legal services provided by Approved Lawyers for the vast majority of workers compensation matters are overseen and administered by the Independent Review Office.”

“The Law Society has previously expressed concerns about the flawed legislative process surrounding these reforms, including the lack of consultation and opportunities for public scrutiny. We urge the Government to recognise that legal practitioners, who act for employers and employees and with many years of experience and expertise, are able to offer valuable input to ensure that the workers compensation system can be both fair and sustainable.”

The Law Society’s Injury Compensation Committee contributed submissions to parliamentary inquiries on both versions of the reform bills proposed by the Government.

Ms Ball noted reports around a further compromise position proposed by some members of the NSW Parliament crossbench and said the Law Society would be available to provide input on those amendments after they are published.

MEDIA CONTACT:
Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947 | E: [email protected]