What is a common law claim?

In Queensland, injured workers have two avenues for compensation—a statutory or a common law claim.

A worker who suffers an injury at work is entitled to statutory benefits under a ‘no fault’ system. This means they are entitled to statutory benefits if their injury was caused by work, irrespective of whether the employer was at fault for the injury.

These benefits may include hospital and medical expenses, lost wages, or a lump sum compensation payment for permanent impairment.

A worker who suffers an injury at work because their employer is at fault may sue their employer through the common law system. The employer is covered for the cost of the claim by WorkCover Queensland through their Accident Insurance Policy.

A worker has three years from the date of their injury to lodge a common law claim. We aim to resolve common law claims early through negotiation between WorkCover and the injured worker. On average it takes 12 months to resolve the claim.