Going to court

Preparing to go to court

Preparing to go to court for a common law claim can be an uncertain and long process.

Before you start court proceedings against your employer, we will try to negotiate an outcome informally or during a meeting called compulsory conference.

It’s important to understand what’s involved when preparing for and going to court.  

Learn about going to court on the Queensland Courts website. 

Mediation opportunities before going to court

Your common law claim may be resolved through mediation before going to court.

An independent person, called a mediator, can work with you and your employer to try to agree on a settlement.

If the claim isn’t resolved, the parties’ lawyers will submit a request for a trial date.

The trial will take place on a date set by the court.

A judge will hear the evidence and deliver their judgment on the case.

When the common law court process starts

The court process, called court proceedings, can only start when we have haven’t been able to settle through negotiation.

The process is started by serving us and the employer with a Statement of Claim (SOC) within 60 days of the compulsory conference. 

Your lawyer can help with this. 

We'll send you a Notice of Intention to Defend and Defence. This notice has facts in dispute and any others that have been admitted.

Other documents will be filed by both parties as evidence to be used to determine the damages.  

Who is involved in the court proceedings

Your lawyer will represent you and manage discussions between yourself, your employer and us.

Your employer will be represented by an external panel lawyer who works for WorkCover.  

The panel lawyer will regularly update the employer about the progress of the claim and manage the process on their behalf.

If you're no longer employed, we can continue supporting your return to work.

Information we may need from you

Documents and assessments may be required to support your claim as evidence in court. 

You may have already had some medical examinations when you first made your claim.

We might need you to give us more up‑to‑date medical information.

This will help assess your common law claim.

Other evidence we can request includes:

• tax returns
• prior employment records
• medical records
• training records
• witness statements.

You and your employer must share all important documents with each other through your lawyers. This is called disclosure. 

Sometimes another party may also be involved. For example, if your injury happened at a place that your employer does not own. 

When the court process ends

After your court case finishes, there will be a decision and costs payable by one party to another.

These rules can be complex and your lawyer is best to explain these to you.

Your common law claim will be successful if you prove your employer breached their duty of care and that the breach that caused your loss.  

A judge will decide if your employer is liable for your losses, and if they are, how much they will pay.

If you're not successful, you won't get any damages.