How do I lodge a common law claim?
To start your common law claim, you must give WorkCover the Notice of Claim for Damages and must also give a copy to your employer, if your employer is not a self-insurer. Q-COMP's web site lists the current self-insurers: www.qcomp.com.au. In most cases, injured workers appoint solicitors to manage their claim.
In your Notice of Claim for Damages, you must state:
- how the accident happened—you should give as much detail about the accident as possible
- what injuries you sustained as a result of the accident—you should list all of your injuries
- information about any previous injuries or claims you have made
- why your employer was at fault for your injury
- what amount you are offering to settle your common law claim.
You must also make a statutory declaration to confirm the information you have provided is not false or misleading, and you provide WorkCover with a written authority to allow us to obtain information relevant to your claim, including information from hospitals, ambulance, your doctor, previous employer, other insurers, etc.
