Workers Compensation
Common Law Claims
If you were injured at work, you may be able to sue your employer or another party for damages. It is necessary for you to show that your employer or another party was legally responsible for your injuries. In our experience, this can be shown in most cases.
A claim for damages usually includes compensation for:
- pain and suffering;
- loss of enjoyment of life;
- past loss of earnings; and
- loss of future wages.
To be entitled to sue for damages, you must have suffered a ‘serious’ injury, as defined by the WorkCover legislation.
After establishing that you have suffered a ‘serious injury’, negotiations must be undertaken to attempt to resolve the matter. If the matter is then not resolved, court proceedings may then be commenced. Usually, a worker argues that the fault or negligence of someone else, including their employer or co-workers caused or contributed to their work injuries.
Strict time limitations apply and you usually have six years from the date of your injury to commence proceedings. In some cases, courts will grant extensions to these time limitations. If you believe you have a Common Law claim, you should contact us to discuss your potential rights as soon as possible.
As at July 2009, the maximum amount claimable in a Common Law claim was $1,445,080.