If you’ve been injured at work in Queensland, it’s crucial to know your options and rights when it comes to WorkCover claims. Understanding the difference between statutory and common law claims is essential as it can affect the compensation you receive, the legal process you navigate, and the timeframe within which you must make your claim. At Ascent Lawyers, we specialize in helping injured workers navigate the complex world of WorkCover claims and ensure they receive the compensation they deserve.

A gavel and a calculator on a table with text Statutory vs. Common Law: Understand the key differences in WorkCover claims.

1. Statutory Claims

A statutory claim is a type of WorkCover claim that is available to all workers who have suffered an injury or illness as a result of their work. This claim is made against your employer’s workers’ compensation insurer and is designed to provide you with quick access to medical treatment, rehabilitation, and weekly payments if you are unable to work.

1.1 Definition and Eligibility

To be eligible for a statutory claim, you must meet the following criteria:

You have suffered an injury or illness as a result of your work
You are an employee or deemed worker
You made your claim within six months of the injury or illness occurring

1.2 Benefits and Limitations

The benefits of making a statutory claim include:

Quick access to medical treatment
Rehabilitation services to help you recover and return to work
Weekly payments if you are unable to work due to your injury or illness

However, there are some limitations to statutory claims:

You cannot sue your employer for negligence or seek compensation for loss of future earnings
Weekly payments are limited to a percentage of your pre-injury average weekly earnings

1.3 How to Make a Statutory Claim

To make a statutory claim, you must follow these steps:

Notify your employer of your injury or illness
Seek medical treatment and provide your doctor with a WorkCover Medical Certificate
Lodge a claim with your employer’s workers’ compensation insurer

2. Common Law Claims

A common law claim is a type of WorkCover claim that allows you to seek additional compensation for your injury or illness, including lump sum compensation for pain and suffering, loss of future earnings, and other expenses related to your injury or illness. This claim requires you to prove that your employer was negligent and that their negligence caused your injury or illness.

2.1 Definition and Eligibility

To be eligible for a common law claim, you must meet the following criteria:

You have suffered an injury or illness as a result of your work
You are an employee or deemed worker
Your injury or illness was caused by your employer’s negligence

2.2 Benefits and Limitations

The benefits of making a common law claim include:

Compensation for pain and suffering
Compensation for loss of future earnings
Compensation for other expenses related to your injury or illness

However, there are some limitations to common law claims:

The legal process can be lengthy and expensive
You must prove that your employer was negligent and that their negligence caused your injury or illness
There is a time limit for making a common law claim (3 years from date of injury)

2.3 How to Make a Common Law Claim

The process of making a common law claim can be highly complex and requires careful navigation.

To ensure a smooth and successful experience, it is strongly advised to engage Ascent Lawyers. We will provide you with comprehensive support throughout the entire common law claim process, starting from the initial claim lodgement to the settlement conference. We will expertly navigate the complexities of the legal system, ensuring that all necessary documentation is accurately completed and submitted.

With Ascent Lawyers by your side, you can have peace of mind knowing that every step of the process will be meticulously managed, allowing you to focus on your recovery and well-being.

3. The Differences Between Statutory and Common Law Claims

There are several key differences between statutory and common law claims that you should be aware of:

3.1 Compensation

The main difference between statutory and common law claims is the type of compensation that you can receive. Statutory claims only provide for weekly payments and medical and rehabilitation expenses, whereas common law claims provide for lump sum compensation for pain and suffering and loss of future earnings, as well as other expenses related to your injury or illness.

3.2 Timeframe

There is a strict timeframe for making both statutory and common law claims. For statutory claims, you must lodge your claim within 6 months of your injury or illness occurring. For common law claims, you have 3 years from the date of your injury or illness to make a claim. It’s important to seek legal advice as soon as possible to ensure that you meet these deadlines.

3.3 Legal Process

The legal process for making a statutory claim is relatively straightforward and does not require you to prove that your employer was negligent. However, making a common law claim is a more complex process that requires you to gather evidence and prove that your employer was negligent and that their negligence caused your injury or illness. It’s important to seek legal advice from a personal injury lawyer if you are considering making a common law claim.

4. Which Claim to Make

Deciding which type of WorkCover claim to make can be a difficult decision. If you have suffered a minor injury or illness and are expected to recover within a short period of time, a statutory claim may be sufficient. However, if you have suffered a more serious injury or illness that is likely to have long-term effects on your life and your ability to work, a common law claim may be more appropriate.

5. Conclusion

Navigating WorkCover claims in Queensland requires a comprehensive understanding of statutory and common law claims. By seeking legal advice from the experienced team at Ascent Lawyers, you can make informed decisions about the type of claim that best suits your situation. Our dedicated personal injury lawyers will guide you through the process, gather evidence, and advocate for your rights, ensuring you receive the compensation you are entitled to. Don’t hesitate to reach out to us today and let us support you in your WorkCover claim journey. Your well-being is our priority, and we’re here to help you every step of the way.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.