Mackay Workers’ Compensation Lawyers

Workers’ Compensation Common Law Claim Process

In Queensland, workers’ compensation common law claims are governed by the Workers’ Compensation and Rehabilitation Act 2003. This legislation outlines the rights and obligations of both employers and employees in relation to compensation for work-related injuries and illnesses.

It is important to note that not all workplace injuries or illnesses will give rise to a workers’ compensation common law claim. In order to pursue a common law claim, certain criteria must be met, including establishing negligence on the part of the employer or another party.

When it comes to workers’ compensation common law claims in Queensland, there are various factors to consider. One such factor is the concept of negligence. In order to successfully pursue a common law claim, the injured employee must be able to prove that their employer or another party was negligent in their duty of care. This means showing that the employer failed to take reasonable steps to prevent the injury or illness from occurring.

It is worth noting that workers’ compensation common law claims can be complex and time-consuming. They often involve gathering evidence, such as medical reports and witness statements, to support the claim. Additionally, the legal process can be lengthy, with negotiations and potential court proceedings. Therefore, it is crucial for employees considering a common law claim to seek legal advice from experienced workers’ compensation lawyers who can guide them through the process and ensure their rights are protected.

Furthermore, workers’ compensation common law claims can have significant implications for employers as well. If found to be negligent, an employer may be required to pay substantial compensation to the injured employee. This can have financial implications for the business, including increased insurance premiums and potential reputational damage. As a result, employers are encouraged to maintain a safe working environment and adhere to their duty of care obligations to minimize the risk of workplace injuries and illnesses.

Compensation Entitlements

If your workers’ compensation common law claim is successful, you may be entitled to various forms of compensation, including:

• Compensation for pain and suffering;
• Lost wages and future loss of earning capacity;
• Medical expenses, including the cost of ongoing treatment and rehabilitation;
• Home care and domestic assistance costs;
• Other out-of-pocket expenses related to your injury or illness;

The specific entitlements will depend on the nature and severity of your injury or illness, as well as other factors such as your age, future earning capacity, and the impact on your quality of life. ROC Legal can assess your claim and provide you with a realistic estimation of your potential entitlements.

Time Limits

It is important to be aware that there are strict time limits for lodging a workers’ compensation common law claim in Queensland. Generally, the limitation period is three years from the date of the injury or the diagnosis of a work-related illness.

However, it is recommended that you seek legal advice as soon as possible following your injury or illness, as there may be specific circumstances that affect the time limits applicable to your claim.

No Win-No Fee Compensation Claims From Our Workers Compensation Lawyers Mackay

At ROC Legal, we understand that pursuing a workers’ compensation common law claim can be daunting, particularly if you are concerned about the financial implications. That’s why we offer a No Win-No Fee arrangement for our clients.

Under our No Win-No Fee policy, you will only pay legal fees if your claim is successful. This means that you can engage our services with peace of mind, knowing that we are committed to achieving the best possible outcome for your case.