Getting legal help
How a lawyer can support you through a common law claim and what to think about before making a claim.
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Legal support for common law claims
The common law claims process is complicated and can be difficult to understand.
Getting a lawyer can help.
Most claims take up to a year to reach an agreement.
For workers
When you make a common law claim, you're saying your employer breached their duty of care to you.
In a common law claim, it's up to you to prove the breach of duty caused your injury. If this can’t be proven no damages will be paid.
There are time limits that apply to making a common law claim. You should seek legal advice if you are concerned about a time limit.
What to consider before you make a claim
- You should understand the common law process, before you make a claim.
- If your claim can’t be resolved through negotiation, you may need to go to court.
- You might need to attend extra medical assessments.
- You, your colleagues, and your employer may also need to provide more detailed evidence.
- You’ll have to give information about your work history, tax records and medical history.
- If your claim goes to trial and you are unsuccessful, you may need to pay costs.
Where to find a lawyer
You don’t have to use a lawyer but having one can make the process easier.
Legal Aid usually doesn’t cover common law claims.
Some law firms may offer different payment options if you’re worried about costs.
The Queensland Law Society website has lawyer contact details and information about legal fees.
For employers
If an employer gets a Notice of Claim for Damages from a worker’s lawyer, they should contact us straight away.
Our legal panel represents employers in common law claims made by workers because we are their insurer.
Our goal is to reach a fair outcome for all parties. We also have a continuing obligation to the worker.
Appointment of a lawyer
We will appoint one of our panel law firms to act for the employer.
A lawyer will contact the employer to:
- confirm they are representing them
- explain the common law process and what the employer needs to do
- provide assistance with their investigation
- arrange a site inspection if needed.
The lawyer will stay in touch throughout the claim.
The employer may be asked to attend meetings or mediations as needed.
For legal representatives
We work with plaintiff lawyers to resolve common law claims fairly and as early as possible.
Read the plaintiff lawyer resources.
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