Common Law Claims

You are entitled to make a common law claim if you are able to establish that your injury was a result of negligence or fault on the part of your employer.

Prior to making a common law claim you must first go through the process outlined under Statutory Claims.

Once you have rejected the Medical Assessment Tribunal’s offer you are able to make a common law claim by serving a Notice of Claim for Damages upon your employer and WorkCover Queensland.

We provide no win no fee advice concerning the law of negligence; workers compensation claims and workplace injury compensation.

When making a common law claim, you must make the claim within three years of your injury occurring otherwise your claim will be statute barred.

If you are still receiving Workcover statutory benefits, it is necessary to serve an urgent notice of claim for damages to ensure you don’t lose your common law right, and ability to make a common law claim.

Under a Common Law claim you may claim an amount for:

  • Pain and suffering;
  • Past and future medical expenses;
  • Care and assistance; and
  • Past and future economic loss.

Common Law claims can be very substantial. We assist our clients no win no fee in relation to these claims and are available obligation free to discuss your claim. By making a claim you are not suing your employer but rather pursuing WorkCover as your employer’s insurer.

Many workers are in fact employed by employment agencies. In those cases any injury caused by the negligence of your host employer is covered by the public liability insurer of the third party employer and a claim is available under the Personal Injury Proceedings Act.

It is a relatively simple process to make a common law claim and the first step after assessment by WorkCover is the completion of documents known as the Notice of Claim for Damages. Medical reports are then obtained, and a meeting held with WorkCover to determine whether settlement can be reached to compensate you for the injuries you have suffered. As mentioned, that settlement sum can be very substantial.

No Win No Fee

When we say that we assist injured workers no win no fee we mean exactly that. You pay nothing to us in terms of fees unless we are successful in relation to your claim. We also fund all the outlays associated with your claim which include the cost of medical reports that we will obtain from specialists in order to provide evidence of the injuries that you have suffered. You are under no obligation to make any payment to us in the event that you are not successful.

How about some cases

Ackers v Cairns Regional Council Supreme Court 15 December 2021

  • Claimant who had a pre-existing depressive disorder was over worked. Was required to work excessive hours suffering further psychiatric injuries.

Plaintiff Successful

Awarded damages: $1,099,132.69

Kup-Ferroth v A1 Custom Stainless and Kitchen Pty Ltd

  • Claimant was directed to life a heavy benchtop by the supervisor and suffered a significant back injury.

Plaintiff Successful

Awarded Damages: $755,282,78

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