What is Common Law Compensation?

When you’ve been injured through no fault of your own, the path to recovery isn’t just physical – it’s also financial and emotional.

In Queensland, there are two main avenues for seeking financial compensation after an injury: statutory claims and common law claims.

While most people are familiar with statutory claims through schemes like WorkCover, common law compensation is often misunderstood or overlooked – and yet, it can provide a much broader scope of damages.

At Morgan Clifford Legal Services in Brisbane, we regularly help injured Queenslanders explore their right to pursue common law compensation.

Understanding Common Law Compensation

Common law compensation is a legal remedy that allows an injured person to sue another party (usually an employer, driver, property owner, or another individual) for damages after an injury – if that party’s negligence caused the injury.

Unlike statutory compensation schemes, which offer set payments regardless of who is at fault, common law compensation is based on proving liability.

In other words, you must show that someone else’s negligence caused your injury. If successful, you can claim compensation for a broader range of losses, including:

• Pain and suffering
• Loss of income (past and future)
• Medical and rehabilitation expenses
• Loss of future earning capacity
• Domestic care and assistance

The goal of a common law claim is to put you back, as much as possible, in the position you would have been in if the injury had never occurred.

Examples of Common Law Claims

Some common scenarios where common law compensation may apply include:

• A worker injured on a construction site due to unsafe scaffolding
• A pedestrian hit by a driver who ran a red light
• A supermarket customer who slips on a wet floor with no warning signage
• A factory worker who develops a repetitive strain injury due to poor ergonomic practices

In each of these cases, a statutory claim may provide some basic financial support. However, a successful common law claim could result in significantly higher compensation.

How It Differs from Statutory Compensation

In Queensland, if you are injured at work, you can lodge a statutory WorkCover claim. This provides quick, no-fault payments for medical expenses and some wage replacement. But the trade-off is that these payments are limited and do not consider pain and suffering or long-term future losses.

A common law claim, on the other hand, requires you to prove that your employer (or another party) was negligent – but if successful, the financial compensation is far more substantial and personalised to your specific situation.

For motor vehicle accidents, the process is similar. Queensland operates a Compulsory Third Party (CTP) insurance scheme. If another driver is at fault for your injuries, you can bring a common law claim against their CTP insurer.

Do You Have to Choose Between Statutory and Common Law?

In some cases, yes.

If you accept a lump sum offer under the statutory scheme (like WorkCover), you may be asked to sign a document that prevents you from pursuing a common law claim.

This is one reason why it’s crucial to speak to a lawyer before accepting any lump sum payout. You may unknowingly be giving up your right to thousands – or even hundreds of thousands – of dollars in potential compensation.

At Morgan Clifford Legal Services, we can assess your case and advise whether pursuing a common law claim is in your best interest.

Time Limits Apply

If you’re thinking about making a common law compensation claim, don’t delay. Strict time limits apply – usually within three years of the date of injury.

There are some exceptions, but the clock starts ticking early, and the longer you wait, the harder it becomes to gather the evidence needed to prove negligence.

That’s why it’s best to get legal advice as soon as possible after your injury.

The Role of a Compensation Lawyer

Proving a common law claim involves building a strong case around liability, causation, and damages. This means:

• Gathering medical records and expert reports
• Interviewing witnesses
• Assessing loss of income and future earning potential
• Negotiating with insurers
• Representing you in court if necessary

At Morgan Clifford Legal Services, we understand the complexities of the system and the stress that comes with serious injury.

We work closely with you to ensure your rights are protected and that you get the compensation you deserve.

We often work on a No Win, No Fee basis – meaning you don’t pay legal fees unless your claim is successful.

What is Common Law Compensation?

Common law compensation is an important part of Queensland’s personal injury system.

It provides a path for injured people to receive meaningful financial support when someone else’s negligence has turned their life upside down.

But these claims are complex, and your right to pursue them can be lost if you act too late or accept a statutory payout without understanding the consequences.

If you’ve been injured and you believe someone else may be at fault – whether it happened at work, on the road, or in a public place – contact Morgan Clifford Legal Services today.

We’re Brisbane-based compensation lawyers who can help you understand your rights and pursue the compensation you’re entitled to.

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