What is a Statutory Claim? – A Guide from Morgan Clifford Legal Services

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As experienced compensation lawyers Toowong, one of the most common questions we receive is: “What exactly is a statutory claim?”

Many people who have been injured at work aren’t aware that there is a formal process in Queensland to seek compensation under statutory schemes.

Understanding what a statutory claim is, when it applies, and how to lodge one is essential to protecting your rights and ensuring you receive the support you’re entitled to.

Understanding Statutory Claims

A statutory claim is a claim for compensation made under legislation (statute) rather than through a court judgment.

In Queensland, there are several statutory compensation schemes that provide benefits to people who suffer injury or illness in specific circumstances.

These schemes are designed to give injured people quicker access to financial support and treatment without having to immediately prove someone else was at fault.

They are often a first step before considering other legal action, such as a common law claim.

Common examples include:

• Workers’ Compensation under the Workers’ Compensation and Rehabilitation Act 2003 for injuries or illnesses sustained at work.

Why Statutory Claims Exist

The purpose of statutory claims is to ensure injured people can access medical treatment, rehabilitation, and wage support as quickly as possible.

They act as a safety net, so you’re not left without income or medical care while the cause of your injury is being investigated.

As compensation lawyers Toowong, we’ve seen how these claims provide immediate relief in what can otherwise be a very stressful period.

For many clients, statutory benefits make it possible to recover and get back to work without financial hardship.

What Benefits Can You Receive?

Depending on the scheme and your situation, a statutory claim can provide:

• Payment for reasonable medical, hospital, and rehabilitation expenses.
• Weekly benefits to replace a portion of your lost income while you’re unable to work.
• Lump sum payments for permanent impairment (in certain cases).
• Support for return-to-work programs.

Importantly, statutory benefits are generally paid regardless of who caused the injury. This means you can receive support even if the accident was partly your fault (though the extent of benefits can vary).

The Statutory Claim Process

While each statutory scheme has its own specific process, most follow similar steps:

1. Report the Incident Promptly – For workplace injuries, notify your employer as soon as possible. For motor vehicle accidents, report to the police and relevant insurer.
2. Seek Medical Attention – Get a medical certificate outlining your diagnosis, treatment needs, and work capacity.
3. Lodge the Claim Form – This is submitted to the relevant insurer or statutory body along with supporting evidence.
4. Assessment and Decision – The insurer reviews your claim, may request further information, and then decides whether to accept or reject it.
5. Receive Benefits – If approved, payments and treatment funding will begin.

Time limits are critical. Many statutory schemes have strict deadlines for lodging a claim, sometimes as short as a few months from the date of injury.

Missing these deadlines can mean losing your right to benefits.

Statutory Claims vs Common Law Claims

It’s important to understand the difference between statutory claims and common law claims.

• Statutory Claim – Benefits are paid under legislation without needing to prove fault. They are typically limited in scope and duration.
• Common Law Claim – This is a separate process where you seek damages by proving someone else’s negligence caused your injury.

Compensation can cover a broader range of losses, including pain and suffering, past and future earnings, and more comprehensive medical costs.

Often, a statutory claim will be the first step, with the possibility of pursuing a common law claim later if the circumstances and evidence support it.

Why Legal Advice is Crucial

Although statutory claims are designed to be accessible, they can still be complex. Errors in your application, missed deadlines, or providing incomplete information can delay or reduce your benefits.

In some cases, claimants are unaware that they may also have the right to pursue a common law claim for significantly higher compensation.

Our role as compensation lawyers Toowong is to ensure your statutory claim is lodged correctly, within the right timeframe, and backed by the evidence needed for approval.

We also assess whether you have grounds to pursue additional compensation beyond the statutory scheme.

Common Challenges We See

• Rejected Claims – Often due to insufficient medical evidence or disputes about whether the injury is work-related or accident-related.
• Undervalued Permanent Impairment Assessments – These can affect lump sum payouts, and may require independent review.
• Delays in Payment – Sometimes caused by missing documents or insurer requests for further information.
• Failure to Transition to Common Law Claims – Missing the opportunity to seek higher damages due to lack of timely legal advice.

Taking the Next Step

If you’ve been injured at work, in a motor vehicle accident, or in another setting covered by a statutory scheme, it’s essential to act quickly. The right advice at the start can save you time, stress, and lost entitlements.

At Morgan Clifford Legal Services, we are compensation lawyers Toowong with deep experience in statutory claims. We guide clients through every step of the process, from initial lodgement to ensuring they receive all benefits they’re entitled to, and exploring further legal options if available.

If you think you may have a statutory claim, contact our team today for a confidential discussion. Your rights and financial security are too important to leave to chance.

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