Common Law Workers Compensation Queensland

When you decide to make a common law claim, your ‘no fault’ statutory claim for workers’ compensation (if you made one) will end. At that time your injury might be assessed by a medical practitioner or the Medical Assessment Tribunal (MAT for short). They’ll work out whether you have a permanent impairment and to what degree. This is called your DPI (degree of permanent impairment).

A lawyer will need to submit a notice of common law claim for damages QLD. This describes the allegation of negligence against your employer.

A common law contract lawyer will normally be the one to fill out and submit the documentation. They’ll then assist you throughout the common law claim process. At this time you may choose to include additional injuries that weren’t part of the original statutory, or workers compensation claim.

The common law personal injury process is complex and can be hard to understand. Having legal representation will help you deal with the process and work out the best way forward when negotiating an outcome or going to court.

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. In a common law claim, it’s up to you to prove this breach caused your injury, pain and suffering, and usually a loss of income. This can be physical and/or psychological injury.

Pain and suffering: The amount of damages given for pain and suffering is formally defined in the legislation depending on the type and severity of the injury.

Past and future wages or economics loss: You may be paid this type of damages if you’ve lost income because of your injury, or if this might happen in the future. Your payment may also consider employer funded superannuation contributions. Calculations can be based on lost wages up to retirement age.

This type of loss can include:

• Not being able to work
• Having to work in a role with a lower salary
• Not being able to do full hours

Sometimes, you might be able to go back to work in your pre-injury role, but not permanently. If a doctor has indicated this is the case, common law damages could include an amount for loss of income for many years up to retirement.

Past and future medical costs: If you’re assessed as requiring ongoing medical treatment, your past and future medical costs will be included in your damages claim.

This may include:

• Future surgery
• Medically recommended therapies
• Pharmaceutical items (such as pain medication)
• Travelling expenses
• And, in some cases only: past or future paid care

Court proceedings for work injury damages generally must begin within three years of the injury date, unless you have the court’s approval.

At that time your injury might be assessed by a medical practitioner or the Medical Assessment Tribunal. They will work out whether you have a permanent impairment and to what degree – known as your DPI (degree of permanent impairment).

In Queensland, if your DPI is less than 20%, and you decide to make a common law claim – keep in mind you may be unable to access the previous WorkCover settlement offered.

If your DPI is higher than 20%, you are generally able to accept the lump sum compensation and also make a common law claim for damages. Common law personal injury claims can be complex, it may be important to note the 20% figure can not be reached by adding two or more DPIs together (for example, a physical and a psychiatric injury) to reach the requirement.

Your injury may have been caused by someone’s negligence, even if you do not realise it. This is crucial, because a common law claim for damages may allow you to recover significantly more compensation than what is available under a WorkCover claim alone.

Whether you are lodging a common law damages claim or a WorkCover claim, you should seek professional assistance from a good lawyer. Are looking for a common law lawyers near me? At LHD Lawyers, our experienced team are experts in their fields and have helped thousands of Queenslanders settle their common law claim for damages QLD – and get their lives back.

Our experts will help you every step of the way to ensure you obtain the compensation entitlements you deserve for a last physical or psychological injury. Enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time after a workplace accident, at the hands of a negligent employer.

Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation.