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    What is a Common Law Claim for a Workplace Injury in Queensland?

    June 30, 2024

    What is a common law claim for a workplace injury in Queensland?

    If you’ve been injured at work, and it is due to the negligence of your employer, or a co-worker, you may be able to obtain workers’ compensation benefits and damages to which you are legally entitled.

    Most claimants start with a Statutory claim and move on to a Common Law claim if their employer is at fault. It is particularly important to seek legal advice with respect to a common law claim if you have been left with a permanent impairment.

    Statutory vs Common Law Claim – what is the difference?

    Statutory Workers’ Compensation Claims

    By lodging a claim form and medical certificate (capacity to work certificate), you can access statutory workers’ compensation benefits. If you can establish that your injury or illness was caused at or because of work, the claim will be accepted.

    Through this claim, you will be entitled to medical treatment and lost wages incurred as a result of injury or illness related to your employment. This works as a short-term solution to help you immediately.

    Common Law Workers’ Compensation Claims

    In this claim, lawyers will work to seek compensation beyond that covered by the statutory claim. To be successful in a common law claim the lawyers will need to again establish that you were injured or became sick at or because of work, but they must also establish that the employer was at fault and was negligent in their duty to you.

    It is important to note that common law claims for workplace injuries must be lodged within three years from the date of the injury, and damages can include payments for pain and suffering, past and future loss of income (including superannuation), treatment and other expenses, and pain and suffering.

    Will I be suing my employer if I proceed with a Common Law Claim?

    Your employer is insured for the cost of these claims by WorkCover Queensland, or some large employees have their own and are self-insured.

    A common law claim for damages is a process that involves preparing and serving a detailed Notice of Claim outlining details of the incident, the injuries are sustained, the amount of damages you are seeking, and the reason/s you say your employer is negligent.

    We recommend contacting a skilled workplace injury lawyer in Queensland to discuss your unique rights and entitlements to make a common law claim for compensation.

    Learn more about WorkCover claims in Queensland


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    Law Firm for Workers compensation in Queensland

    Kathryn MacDonell

    Chief Executive Officer

    Kathryn is Trilby Misso’s Chief Executive Officer.

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    Your next step is a small one, but don’t delay

    Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.

    During this initial conversation, we will:

    • Have a chat about the circumstances and nature of your injury.
    • Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
    • Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.

    We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.

    The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.

    Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.

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