Statutory vs Common Law in Personal Injury Claims

• Statutory law sets out the rules for structured personal injury schemes like WorkCover, CTP insurance and public liability frameworks.

• Common law applies when an injured person seeks damages by proving negligence under principles developed through court decisions.

• A statutory personal injury claim provides no-fault benefits such as medical treatment, wage support and rehabilitation while you recover.

• A common law personal injury claim may provide broader compensation for long-term impacts, including reduced earning capacity and future medical needs.

• Fault is the key distinction: statutory claims do not require proof of negligence, while common law claims do.

• Both systems run alongside each other — many injured people may be eligible for a statutory claim first, followed by a common law damages claim.

• Strict time limits apply under both statutory and common law pathways, and missing a deadline can limit a person’s rights.

The difference between statutory law and common law is one of the most important concepts to understand when making a personal injury claim in Queensland. These two legal pathways determine how compensation is accessed, what must be proven, and what support an injured person may receive after a workplace incident, motor vehicle accident or public liability event.

Statutory law sets out the rules for formal compensation schemes such as WorkCover and CTP insurance. These schemes provide structured, no-fault entitlements including medical treatment, rehabilitation services and income support. In most cases, a statutory claim is the first stage of the compensation process because it gives people immediate access to essential treatment and financial assistance while they recover. You can see how this works step-by-step in our Personal Injury Claim guide.

Common law, on the other hand, operates when someone seeks damages by proving another party was negligent. This pathway focuses on long-term impacts such as reduced work capacity, future medical needs, ongoing care and changes to lifestyle. Common law develops through court decisions rather than legislation, and it requires an assessment of whether a duty of care existed, whether it was breached and whether that breach caused the injury.

Both systems form part of Australia’s compensation structure. In many cases, an injured person may be eligible for both a statutory claim and a common law damages claim. Knowing how these pathways interact is essential to understanding your legal options after an injury.

What is Statutory Law?

Statutory law refers to laws created by Parliament through Acts and Regulations. In personal injury, statutory laws set the rules for how compensation schemes operate, including WorkCover, CTP insurance and public liability systems. These schemes define who can apply, what evidence is needed, the benefits available and how insurers must respond. Because statutory laws are written and structured, they create predictable entitlements for people who have been injured.

Statutory law plays a direct role in how medical treatment is approved, how lost wages are calculated and how rehabilitation support is provided. The way these rules are applied varies between different Australian states and territories, but the underlying purpose remains the same: to give injured people timely access to essential support while their condition stabilises.

Example of Australian Statute Law

Several key statutes shape personal injury compensation in Queensland. The Civil Liability Act 2003 (Qld) outlines how liability and damages are assessed, including the rules used to evaluate negligence, foreseeability and causation. It also guides how courts assess losses such as pain and suffering, economic loss and care needs.

The Work Health and Safety Act 2011 (Qld) sets obligations for employers to provide safe workplaces. These laws influence how WorkCover determines whether an injury is work-related and whether an employer met their safety duties.

These Acts work together to form the legal foundation for Queensland’s personal injury frameworks, helping people understand the rights and responsibilities of workers, employers, and insurers.

What is a Statutory Claim in Personal Injury?

A statutory claim is a no-fault compensation claim lodged under a formal scheme. In personal injury matters, this may include:

• A WorkCover claim after a workplace injury

• A CTP claim following a motor vehicle accident

• A public liability claim for an incident in a public place

The defining feature of statutory claims is that fault does not need to be proven. You only need to show that the injury occurred in circumstances covered by the relevant scheme.

Statutory claims typically provide:

• Medical and hospital treatment

• Rehabilitation and therapy

• Income support

• Travel expenses for treatment

• Assistance to help someone return to work

Because statutory benefits are designed to offer early support, they often form the first stage of a personal injury claim. Many people begin with statutory entitlements before later considering whether a common law pathway may be available.

What is Common Law?

Common law is law developed by courts through decisions made over many decades. Instead of being written in legislation, it evolves through judgments that interpret duties, responsibilities and standards of care. In personal injury claims, common law determines whether someone can seek damages by proving another party was negligent.

While statutory schemes provide immediate support on a no-fault basis, common law focuses on long-term impacts such as future earning capacity, ongoing medical treatment and lifestyle changes. Because common law arises from judicial reasoning rather than Acts of Parliament, it adapts over time as courts refine principles like duty of care, causation and foreseeability.

In Queensland, common law is essential in determining whether a person has a right to pursue damages on top of their statutory entitlements. Understanding how courts assess negligence is a key part of navigating the compensation process.

Example of Common Law Precedents

Common law precedents are central to how negligence is assessed in personal injury cases. Courts look at earlier decisions to determine what a “reasonable person” would have done to prevent the risk of harm.

For example, if a worker raised safety concerns and no corrective action was taken, previous decisions may guide whether an employer is likely to be found negligent. Similarly, court rulings help define what constitutes reasonable behaviour for drivers, property owners and businesses.

These precedents ensure that similar cases are treated consistently. They also guide how insurers, lawyers and courts evaluate liability and damages.

What is a Common Law Damages Claim?

A common law damages claim allows an injured person to seek compensation when their injury was caused by someone else’s breach of duty. Unlike statutory benefits, which are automatic once eligibility is met, a common law claim requires evidence that:

1. A duty of care existed

2. The duty was breached

3. The breach caused the injury

If negligence is proven, damages may cover losses that extend beyond statutory entitlements, such as:

• Pain and suffering

• Loss of enjoyment of life

• Reduced ability to work in the future

• Future medical and rehabilitation needs

• Assistance with daily activities

Because common law focuses on long-term impacts, these claims often involve medical assessments, expert evidence and liability investigations. They are subject to strict time limits and procedural steps that must be followed exactly.

When combined with statutory entitlements, common law claims form the second pathway by which people can be compensated for the full extent of their injuries.

The Critical Differences in Personal Injury Claims

Although statutory and common law claims both form part of Australia’s compensation framework, they operate very differently. Statutory claims provide structured, early support on a no-fault basis, while common law claims focus on recovering damages when negligence can be proven. Understanding the distinction between these pathways is one of the most important aspects of managing a personal injury claim in Queensland.

Statutory schemes are designed to stabilise an injured person’s health and assist with immediate needs such as treatment, rehabilitation and income support. They ensure that people can access essential services quickly, regardless of who caused the injury. In contrast, common law claims examine fault, responsibility and long-term consequences. This pathway provides an opportunity to recover losses that go beyond short-term support, particularly when the injury affects a person’s ability to work or live independently in the future.

These two systems are separate but connected. In many cases, an injured person may be entitled to both types of claims at different stages of their recovery. The table below outlines the key differences.

Statutory vs Common Law: Comparison Table

Can I Make Both a Statutory and a Common Law Claim?

Yes. In many personal injury situations, a person may be eligible for both a statutory claim and a common law damages claim.

For example:

• A worker may receive WorkCover benefits for treatment and lost wages, then pursue a common law claim if their employer did not provide a safe system of work.

• A person injured in a motor vehicle accident may access statutory CTP benefits and later seek common law damages if another road user was responsible for the crash.

• Someone injured in a shopping centre or public place may receive limited statutory support before investigating whether a common law negligence claim is available.

In most cases, the statutory claim provides early support, and the common law claim addresses long-term consequences. The availability of both pathways depends on the circumstances of the injury and whether negligence can be established.

When to Contact a Personal Injury Lawyer

Many people look for legal information when they are unsure whether their situation involves a statutory claim, a common law claim, or both. This often happens after a work injury, a motor vehicle accident or an incident in a public place, especially when the impact continues over time.

Because statutory schemes and common law pathways operate differently, legal professionals can explain how each system works, how time limits apply and what steps are required under Queensland’s compensation framework. Searches such as lawyers near me or no win no fee lawyer often reflect a need for clarity about these processes rather than a specific outcome.

Understanding these distinctions helps people make informed decisions about their personal injury claim, regardless of where the incident occurred.

Across Queensland, people commonly seek guidance in the following regions:

Toowoomba	Gold Coast
Cairns	Ipswich
Cleveland	Hervey Bay
Townsville	Springfield
Brisbane	Sunshine Coast
Mackay	Rockhampton
Gympie	Bundaberg

Time Limits: The Most Important Difference

Time limits differ between statutory schemes and common law claims, and understanding these deadlines is essential when navigating a personal injury claim in Queensland. Statutory systems require early notification so treatment and support can begin quickly, while common law claims have longer but stricter limitation periods due to the need to investigate negligence.

The table below outlines the general timing differences across the main personal injury pathways.

Time Limits for Statutory vs Common Law Claims

These timelines form an important part of any personal injury claim, especially when a statutory claim and a common law claim run alongside each other.

Resources and Guides to Help You

• • Personal injury claim process — outlines how compensation pathways operate in Queensland
    https://trilbymissolawyers.com.au/personal-injury-claim/

  • Understanding your rights in personal injury claims — explains key concepts like duty of care, negligence and entitlements
    https://trilbymissolawyers.com.au/understanding-your-rights-in-personal-injury-claims/

  • Accident at work — provides information about workplace incidents and statutory WorkCover processes
    https://trilbymissolawyers.com.au/had-an-accident-at-work/

  • Away from home injury claims — covers incidents in public places, rental properties and other non-work environments
    https://trilbymissolawyers.com.au/services/away-from-home-injury-claims/

  • Motor vehicle accident pathways — explains CTP and road accident processes
    https://trilbymissolawyers.com.au/had-an-accident-on-the-road/

  • Work Health and Safety Act 2011 (Qld) — outlines employer duties and safety requirements
    https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-018

  • Fair Work Ombudsman — provides information on workplace rights
    https://www.fairwork.gov.au/

Further reading on workers’ compensation claims in Queensland

https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims

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