Making a common law claim against your employer

Making a common law claim against your employer

In a no-fault "Statutory Phase" claim against your employer, you may be offered compensation from WorkCover. It is recommended you gain personal injury legal advice.

Common Law Claim

When you make a common law claim, you're saying your employer didn't provide a safe work environment and they breached their duty of care to you.

Source WorkSafe Qld

With a common law claim it is up to you to prove this breach caused your injury, pain and suffering, and usually a loss of injury.

If you decide to make a common law claim, your statutory claim for workers compensation will end. You are essentially suing for 'damages'.

Choosing an injury compensation lawyer is very important considering the process you may go through-:

Your injury might be assessed by a medical practitioner or the Medical Assessment Tribunal (MAT)

Permanent impairment and to what degree - DPI (degree of permanent impairment)

WorkCover may offer you a lump sum payment in a Notice of Assessment (NOA) letter.

Financial Controller Occupation

Loss of Income

A loss of income relates to your past and future earning capacity. However assessing your future earning capacity, if for example you have taken up a temporary low paying job can be problematic.

Prevent Back Injury When Lifting

Case Study Preventing that back injury in the first instance

A claim on the Gold Coast or across Queensland can take as little as 6 months to resolve, however the average claim duration is around 12 to 18 months according to injury law firms.

If a claim goes to a trial court (approx 99% do not), you may be up for 2-3 years, as published on some large law firm websites.

Hindsight is 20/20 however preventing any injury and maintaining a productive working life is the obvious choice for all of us.
Lifting properly, taking time to access a potential injury opportunity and refusing to engage if the slightest 'gut feeling' of something being wrong.

If you are involved in a workplace accident, and are continuing to the common law phase, the choice of compensation lawyer is important because it is going to be typically 6 months to 3 years, that in itself can be a major life experience.


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