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    What is the difference between a Statutory and Common Law WorkCover claim?

    Apr 22, 2024 | Compensation Law

    What is the difference between a Statutory and Common Law WorkCover claim?

    You may have heard the terms Statutory Claim or Stat Claim, and Common Law when reading up on workers’ compensation.  

    There are two types or phases to a workers’ compensation claim:

    Statutory Workers’ Compensation Claim

    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. It is not necessary that you establish fault or negligence to access the benefits offered under a statutory workers’ compensation claim. 

    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 Claim

    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. 

    They will seek compensation for your injury and illness taking into account your injury and impact on your enjoyment of life, ability to work now and in the future, medical needs in the future and any assistance you may require. 

    In seeking legal advice, the lawyers can consider your unique circumstances and advise you on whether you have a valid statutory and/or common law workers’ compensation claim, as well as any important time limits.


    Further reading on workers’ compensation claims in Queensland


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    Kathryn MacDonell

    Kathryn MacDonell

    Chief Executive Officer