Statutory and common law WorkCover claims in Queensland differ in the type of compensation available, the legal process and the timeframe for making a claim.
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 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:
- 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 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)
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 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.
3.3 Legal Process
The legal process for making a statutory claim does not require you to prove that your employer was negligent. However, making a common law claim requires you to gather evidence and prove that your employer was negligent and that their negligence caused your injury or illness.
This information is general in nature and does not constitute legal advice. Drafted with AI assistance and reviewed by our legal team.
