ACC disputes generally involve clients seeking to reverse a decision through Independent Review. Whilst many may choose to self-manage the review process, statistics show a significant advantage is achieved when employing legal counsel.
To allow fair access to representation the ACC Act itself provides for a contribution towards lawyer/advocacy costs in most circumstances.
Contingency – No Win No Fee – Or More Accurately No Win Nothing To Pay
Review costs reimbursement from the government allows ACC SOS to represent clients on a modified ‘contingency basis’. This means that if your case is unsuccessful our fees are limited to those paid to us on your behalf. Costs are awarded by the Independent Reviewer at the conclusion of a hearing. If a Reviewer declines costs for whatever reason we will not ask you for any payment.
As part of a review, clients may be advised to seek an expert report(s) e.g. from their surgeon, or a psychiatric report (if mental injury is an issue). We can claim reimbursement for these reports up to $1090. Any shortfall generally remains your responsibility unless agreed otherwise.
Fees Applicable When You Win
Where we help resolve an issue in your favor, (that does not involve a cash payment from ACC) e.g. surgery or a cover decision, a success fee of $500-$2000 is payable depending on the nature of the dispute or entitlement.
Where an issue is resolved in your favor, without the need for a hearing, i.e. by us persuading ACC to change its decision, or by way of Mediation, the maximum success fee payable is 50% of the previously agreed amount.
For successful outcomes involving cash payments e.g. backdated weekly compensation, a premium hourly rate is payable equivalent to $350 per hour capped at 20% of any eventual sum awarded.
Success fees are payable in addition to regulated costs claimed by us on your behalf, and will be agreed with you after an initial appraisal of your case.
District Court Appeals and Other Matters
Those not succeeding at Independent Review are entitled to lodge an appeal with the District Court. However, as no two appeal cases are alike we prefer to discuss the merits of any appeal before committing to a contingency arrangement.
For existing clients we may have already prepared much of the work during the Independent Review phase significantly reducing the amount of work required at appeal.
Fees for work carried out towards an appeal (outside of a contingency arrangement) is calculated at a rate of $250 hour plus disbursements and gst. (if applicable).
We understand that some clients will be of limited financial means. Don’t let this be a barrier to getting in touch as we want to be help everyone where able, and can usually reach agreement on a suitable fee arrangement.
