Header content

*NO WIN NO FEE

1300 FEARLESS
(1300 332 753)

Main menu

Call us on (03) 9066 3366

Page heading

Legal Services

Main content

Workers Compensation & Comcare - Making a claim against the at fault party

Article content

In addition to your WorkCover rights, a worker who suffers an injury in the course of their employment may have a right to bring a Common Law claim for damages.

Damages include:

  • compensation for pain and suffering and loss of enjoyment of life; and
  • compensation for economic loss, including past and future loss of earnings and lost Superannuation.

To be entitled to damages at Common Law, an injured worker must satisfy:

(a)  the negligence/fault of their employer and/or other party. For example:

  • an unsafe system of work;
  • unsafe or defective equipment;
  • careless or unsafe practices of co-workers; and

(b)  you have suffered a serious injury as defined by the WorkCover legislation.

A Serious Injury is defined as:

  • a permanent and serious impairment or loss of body function;
  • permanent serious disfigurement;
  • a permanent severe mental or permanent severe behavioural disturbance or disorder;
  • loss of a foetus;
  • a permanent impairment assessment of 30% whole person in accordance with your permanent impairment claim.

There are strict time limits to bring a Common Law claim. Usually an injured worker has 6 years from the date of injury to bring an action by filing a Complex Legal Application.

Even if you do not consider your injuries to be serious, you should obtain our legal advice from National Compensation Lawyers regarding your possible right to claim.

For more information or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).