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What is a Common Law Claim?

What is a Common Law Claim?

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If you are counting on workers’ compensation for stress leave or compensation for pain and suffering, you will most likely have to file a common law claim. That leads to an obvious question.

What is a Common Law Claim?

What is a Common Law Claim?

In relation to personal injury, a common law claim is a claim seeking compensation when someone else’s negligence caused an injury. The compensation is called “damages.” The employer can be at fault, but an outside agent can be at fault, too, if the employer’s negligence is found to have failed to create a safe workplace.

This common law claim is filed separately from your workers’ compensation claim.

What Damages Can be Claimed?

Pain and Suffering:

Pain and suffering, sometimes classified as general damages, is just what it sounds like. If you are subject to pain and suffering as a result of a work injury caused by negligence, you can be compensated for it. You can also be compensated for loss of enjoyment of life.

Loss of Earnings in Past or Future

You can ask for compensation for wages you have already lost and wages you will lose in the future.

The Injury Must be Serious

Here is where many people don’t receive compensation. You must be diagnosed with a 30% or greater impairment when you are evaluated for your WorkCover lump sum claim. If you haven’t been diagnosed with a 30% or greater impairment, you can also qualify under the definitions of serious injury:

Permanent serious disfigurement.
Permanent impairment or total loss of a body function.
Permanent severe behavioural or mental disorder or disturbance.

Why You Need a Personal Injury Lawyer

The law is complicated. You should always hire a personal injury lawyer for any serious work injury or stress-related work illness. Sometimes a work injury and its resultant chronic pain will result in post traumatic stress disorder.

To learn more about your rights, call our Perth firm on 1300 738 303.