What are the roles in the common law claims process?

What is my role?

You start the common law process by lodging your Notice of Claim for Damages form. You need to communicate with your solicitor about your common law claim. During the claims process, you may need to attend medical examinations and conferences, including the settlement conference. You must provide true and not misleading information throughout the common law claims process.

What is WorkCover's role?

An employer's Accident Insurance Policy covers them for common law claims if a worker sues them. This means that during the common law claim, WorkCover acts on behalf of the employer. WorkCover works with the employer to manage the claim.

What is my employer's role?

Your employer's primary role is assisting WorkCover with the common law claim by communicating with WorkCover, providing information about your accident and employment history, and attending settlement conferences. The employer must also provide true and not misleading information throughout the common law process.