Common Law Claims

What is a common law claim and how can I seek damages for such a claim?

There are a number of different types of claims for common law damages that Bradford Legal personal injury lawyers have assisted our many clients with over the years.

It may surprise you to learn that a claim for damages arising from a personal injury suffered in a motor vehicle accident or by reason of a wrongful act is a form of common law claim.

When a worker suffers work related injuries, it may be possible for the injured worker to proceed to seek compensation for their workplace injuries against their employer or another entity who was at fault.

Contact an Experienced Personal Injury Lawyer

In cases involving workers compensation there are restrictions that apply to a worker seeking to sue their employer. Further expert legal advice on your common law rights, how to make a common law claim or serious injury claim can be obtained by contacting the experienced workers compensation claim and personal injury claims lawyers at Bradford Legal.

What is a Common Law Claim?

What is a common law claim? In relation to personal injury, a common law claim is a claim for compensation when someone else’s negligence causes an injury. Common examples of this include motor vehicle accidents or a workplace accident. This compensation is called “damages” and damages awards take place after being determined by the court if the matter proceeds to trial. If your injury happened at work, your employer or some other party, such as a subcontractor or principal contractor on site, may also bear some liability if they are found to be negligent.

Reasonable Duty of Care

An employer has a duty to take reasonable care to provide a safe place and safe system of work to its employees. If they fail to do so and an employee suffers an injury, then that injured worker may be able to recover damages for losses caused by the injury.

Prove Negligence

The worker will need to prove “fault” in the form of negligence or breach of statutory duty on the part of the employer. Making a claim of this nature against your employer is an important decision, as upon making a claim statutory benefits may cease.

This type of claim is separate to a claim for workers compensation. Claims for work injury damages are usually pursued through the court system, most usually through the District Court.

Common Law Claims for Negligence

Common law compensation claims for employer negligence are usually a complex legal process and due to this we recommend you seek legal advice before you proceed with your claim. There are significant legal hurdles that must be overcome before an injured worker can be successful with a compensation claim for a workplace accident.

In most circumstances, you must prove that your employer was responsible for the workplace injury. If the injured person was partly at fault, the amount of damages and compensation may be reduced. This is called ‘contributory negligence’.

Experienced Personal Injury Lawyers

The experienced team at Bradford Legal have been successfully pursuing claims for damages and workers compensation claims on behalf of injured workers for nearly 30 years. We are well aware of the legal proceedings and process involved, determining who is at fault and what is necessary to successfully establish such a claim for compensation.

Expert Personal Injury Claims Lawyers

If you’ve suffered injuries at work and are looking to pursue common law damages or claim workers compensation, contact the expert injury lawyers at Bradford Legal.

We’ll fight for your compensation claim to claim damages or a lump sum payment and work to ensure you receive the common law claim payouts and entitlements you deserve.

A Guide To What Common Law Damages Can be Claimed

Common Law Claim for Pain and Suffering:

Pain and suffering, sometimes classified as general damages, is just what it sounds like. If you have been subjected to this as a result of a work injury caused by negligence, you may be able to be compensated for it. You can also seek damages for loss of enjoyment of life, past and future economic loss damages, loss of amenities of life, reduced life expectancy, permanent impairment and other costs and losses caused by an injury.

Common law claim for loss of earning capacity in the past or future

In many instances of sustaining a workplace or motor vehicle accident injury, a person will become incapacitated for work or suffer a permanent impairment. This may lead to a past and future loss of earnings as well as a loss of enjoyment of life.

Common Law Claims For Serious Injury

It may also be the case that there are losses as a result of the permanent effects of serious injuries. This can leave the injured worker or person with out of pocket expenses for medical expenses, care costs, treatment and rehabilitation services.

As part of a common law claim it is possible to seek compensation and make an injury claim for damages for lost wages and lost income.

Experienced Assistance for Common Law Claims

The experienced Lawyers at Bradford Legal can advise you in detail as to the losses that may be claimable as a result of a reduced capacity for work following an injury. Our expert Lawyer team will assist you through the whole process of a common law claim for seeking damages and compensation, as well as providing expert legal advice and keeping out of pocket expenses to a minimum.

Other Headings of Damage

There are other headings of damage which usually comprise actual expenses incurred by an injured person. These include past and future medical expenses, travel expenses, weekly benefits and can also include the future rehabilitation expenses associated with the need for ongoing medical treatment.

In some instances where the injury is quite debilitating, you may be entitled to damages and compensation for your need for assistance with selfcare activities, household chores, gardening and/or handyman activities. You may also have a need for aids and appliances to assist you while you recover.

All of the above are claimable by a worker or person who has suffered an injury, as part of a common law damages claim due to negligence by your place of employment or other party. Speak to the experienced Lawyers at Bradford Legal to find out more about the legal process, common law claims and what damages you can make a claim for.

Workers Compensation Claim – Restrictions for Injured Workers

The Workers’ Compensation and Injury Management Act 1981 (WA) establishes a complicated system for determining if an injured worker is entitled to elect to sue for damages.

The system requires that an injured person have an assessment of their degree of permanent impairment in order to establish whether they have sufficient level of permanent impairment to entitle the worker to make an election (a choice) to sue for damages and compensation.

At least a 15% whole person impairment is required before an injured worker attains the right to seek damages.

There is a complex process with strict time limits which needs to be followed before you make a common law claim.

The team at Bradford Legal have considerable experience and expertise in ensuring the process is correctly followed. We strive to give our clients the best opportunity to proceed with a claim against their employer for any injury should it be necessary.

This is a complex area which an injured person or worker should seek independent legal advice on before making a claim for damages. Speak to the expert personal injury Lawyers at Bradford Legal and learn how we can help you with a workplace injury or common law damages claim. We’ll work with you throughout the entire process, determining if proper duty of care was taken, determining who was at fault and what compensation you may be entitled to.

Why You Need a Personal Injury Lawyer To Claim Compensation

A common law claim for damages is complicated and there are strict time frames and time limits which must be complied with otherwise you are likely to lose significant rights in your common law damages claim.

Bradford Legal Compensation Lawyers are dedicated and experienced in providing the necessary advice and assisting clients in pursuing common law claims, handling court proceedings if required and claiming common law damages. We’ll fight to get you the compensation you deserve from your claim for damages.

Contact Bradford Legal

Call Bradford Legal Injury Compensation Lawyers on (08) 9316 2299 or find contact details on our contact page and find out more about what is need to make a common law claim or to get assistance with your claim for damages.