What Is A Common Law Compensation Claim?
By G C Law10 Jul 2013
A Common Law claim is when you claim an amount for damages sustained for pain and suffering, loss of income, past, present, and future expenses you might incur due to your injury.
If you suffer a workplace injury, you will be required to carry out requests from WorkCover to assess the level of your injuries before you can commence a Common Law Claim for compensation.
WorkCover will usually have a plan put in place with a time frame to seek rehabilitation for any injury you have sustained.
Treatments such as Physiotherapy are common along with assessments by radiologists, and depending on the injury, you may be required to visit a number of specialist doctors.
During these tests it is often necessary to provide WorkCover with updated medical certificates that state your capacity to work on light duties or, if you are badly injured, not work at all.
The length of this rehabilitation period varies depending on the injury and the treatment requested. Once WorkCover company has reviewed all of your treating doctor’s reports they will finalise your claim. This means that WorkCover has met their requirements and found the injured person has been adequately treated and is stable.
On occasions WorkCover may close up a claim, and you will be able to return to work. If this is the case, and WorkCover does not request a final independent examination from a doctor, you can request this yourself or through your lawyer.
A Notice of Assessment from WorkCover will provide you with a breakdown in percentage (%) form, of the permanent and work related impairment. The percentage is calculated and a small lump sum offer may be made. At this stage do not accept any offer or sign off at any point on this document.
If you accept this amount, you will not have any additional rights, even in the future for further compensation.
To proceed to Common Law you should consult a solicitor, preferably a No Win No Fee firm such as GC Law who can provide you with free legal advice and a free case review.
Each claim for compensation does vary, so please seek legal advice relevant to your individual case.
GC Law is here to help you through your compensation claim process and it is important you contact us as soon as an injury occurs.
You can use our Free Case Review process to determine the next steps in your claim for compensation.
Contact us on 1 300 302 318 or use our live chat button to talk to a GC Lawyer now.