Whether you are an employee or you’re an employer seeking professional health and safety advice, a workplace safety lawyer will be able to assist you. Some places may have an internal resolution process in regard to WH&S matters. However, if there is no one in the workplace with the right skills or knowledge to provide advice for your situation, you should seek external help through hiring a workplace safety lawyer.

5 Question To Ask When Hiring a Workplace Safety Lawyer

1. What services do they offer?

There are a wide variety of services that law firms provide in relation to workplace safety law. It is important that you choose a firm that specialises in the category/ categories that you are seeking. On each firm’s website, there is usually a list that outlines the areas they specialise in. Make sure to navigate through this section of the website and ensure that the firm you choose is best suited for your needs.

An example of some services provided by safety firms include;

  • strategic advice on minimising exposure to workplace safety risk and liability;
  • development of workplace safety management systems, policies and procedures;
  • workplace safety training;
  • advice and representation in WH&S related investigations, disputes and prosecutions;
  • due diligence of WH&S issues in acquisitions of property and businesses; and
  • advice on self-insurance and insurance premium issues.

2. What experience do they have?

Once you have found a firm that fits your needs, it is essential that you pick a lawyer that has the appropriate experience. It is important you hire a lawyer that has had experience in safety law, as well as the specific area of your issue. A lawyer with a background in smaller to medium sized companies would also be helpful, as they are familiar with all aspects of safety law, not just larger company action.

3. What are the legal costs?

Safety Lawyers are generally paid in two different ways.

Billable Hours:

Billable hours are when the lawyer charges for every hour spent on your issue. You should try and get an idea of how many hours the lawyer expects to take. Keep in mind that even a short five-minute conversation can add much more than that into your final charge.

Flat Fee:

A flat fee provides a clearer picture of what you pay. The flat fee, however, may not cover all legal costs such as filing documents in court.

No Win, No Fee:

Some firms may adopt a No Win, No Fee policy. This policy is dependent on the outcome of the proceedings. Under this payment method, if your claim is unsuccessful you may not need to pay any legal fees. If your claim is successful, however, even with the arrangement you may be charged legal fees. With this in mind, make sure to ask your lawyer about this exception if they do offer a no win, no fee policy. This is a more uncommon approach to billing but can be found in some firms around Australia.

4. How can a safety lawyer protect your employees and your business?

Workplace Health & Safety law requires strict compliance and a breach of it could lead to punishment and fines. As an employer, you must ensure that the health and safety of your employees is maintained. Injuries in the workplace due to failure to comply can lead to large penalties and even prosecution.A safety lawyer can ensure that the right precautions are in place to prevent incidents from happening in the workplace, as well as aid you in defence against possible legal action as a result of a workplace incident.

5. How can you ensure that your work will be completed?

With how busy the legal industry can be, the completion of legal work can be, at times, extremely time confusing . This can lead to the delay of completion and the fees for your work being exponentially higher than what was proposed. To find a the appropriate workplace safety lawyer, Lawpath can connect you with safety lawyers in your area, accompanied with reviews t to ensure you are getting the right person for your business.


These 5 key questions will ensure you are ready to jump right into your safety issues confidently and efficiently. Ready to talk to someone about hiring a safety lawyer for your business then? LawPath can put you in touch with one of our lawyers from our Lawyer Directory.

Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from Australia’s largest legal marketplace or to get answers to your legal questions.

Alex Hatzikalimnios

Alex is currently a Legal Intern for LawPath, working in their content team to help provide free legal guides to facilitate public access to legal resources. Alex is studying a Bachelor of Laws at the University of Notre Dame.