What is my role in the common law process?
You have an important role in the common law claims process.
Usually you will have information that will help us with our
investigations and will help us to resolve the claim.
We will contact you when we first receive a common law claim,
and at various stages to update you on the progress of our
investigations and our predicted outcome for the claim. Of
course, any information that we provide to you is confidential and
shouldn’t be discussed with the injured worker or their colleagues.
We will ask you to provide copies of any documents you have
that might be relevant to this claim. This may include:
- the injured worker’s personnel file including wages information, promotions, performance records
- computer records, photographs and plans
- safety processes and procedures
- records of training undertaken by the injured worker
- reports/records about the accident, including incident reports
- the earnings of a comparable employee since the accident
- information about any return to work program that might have been arranged after the accident.
Once we have reviewed these documents, we will provide a copy to the injured worker’s solicitors, as required under legislation. If there is information that raises a suspicion of fraud or involves legal advice, we may not give a copy to the injured worker’s solicitor.
The injured worker and their solicitor are also required to provide any relevant information or documents to us.
