Guide to Common Law Claims, QLD

If you’ve been injured and someone else is at fault, you may be able to pursue compensation through a common law claim. At L&H Injury Lawyers, we help people across the Sunshine Coast understand their rights and navigate the legal system with clarity and confidence. It doesn’t matter if your injury happened at work, in a road accident or in a public place, we’re here to provide guidance and support. 

This guide explains the common law process in Queensland and, in the case of work accidents, how it differs from statutory claims. We’ll also cover eligibility, time limits and what types of compensation you may be entitled to, so you can make informed decisions about your next steps.

In Queensland, people who have been injured due to another party’s negligence may be able to claim compensation under two main legal pathways: statutory claims and common law claims.

A statutory claim is available in circumstances where a worker is injured during the course of their employment. The worker may be entitled to make a statutory claim (such as a workers’ compensation claim through WorkCover Queensland) which provides access to set benefits, including medical expenses and weekly payments as income support. These claims are generally no-fault, meaning you don’t need to prove your employer did anything wrong. 

However, statutory benefits can be limited, and are only available in circumstances where a worker is injured during the course of employment. That’s where common law claims come in. Under the common law process, you can seek additional compensation by proving that another party, such as an employer or driver, was negligent.

Because the laws surrounding statutory claims and common law claims can be complex, it’s important to seek legal advice early. An experienced personal injury lawyer from L&H Injury Lawyers can explain your options and help ensure you don’t miss out on entitlements.

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In the context of personal injury, common law gives injured people the right to submit a common law damages claim, when someone else has breached their duty of care.

Common law claims are personal injury claims made when someone is injured due to another party’s negligence. In Queensland, these claims allow you to pursue lump sum compensation for losses like pain and suffering, lost income, and medical expenses, beyond what’s available under a statutory claim.

A common law claim can lead to a lump sum compensation payment that reflects the real-world impact of your injury, things like ongoing medical expenses, lost future earnings and pain and suffering. 

By contrast, statutory law refers to compensation prescribed and limited by legislation like the Workers’ Compensation and Rehabilitation Act 2003 (Qld), which outlines rights and processes for statutory claims. There is no statutory claim available if you are injured in a car or road accident or a public liability incident. Although, in most circumstances, when you are injured in a car or road accident and lodge a common law claim you will receive funding from the Compulsory Third Party Insurer for your reasonable treatment expenses.

To pursue a common law claim in Queensland, you must meet these general conditions:

• Your injury must have been caused, at least in part, by someone else’s negligence
• You have suffered economic loss (e.g. time off work) or non-economic loss (e.g. pain and suffering) 
• For work accidents, you usually need to lodge, and have, an accepted  statutory workers’ compensation claim first. Then you would receive a Notice of Assessment before you are entitled to proceed with a common law claim.

Some examples of common law claims:

• Workplace injuries where safety procedures weren’t followed
• Car accidents involving another driver at fault
• Slips, trips or falls in public spaces due to poor maintenance

Not sure if you’re eligible? Our team at L&H Injury Lawyers offers obligation-free initial consultations to assess your claim’s potential and provide advice on moving forward with your claim.

If you’ve been injured in a car or road accident in Queensland and weren’t at fault, or were only partially at fault, you may be entitled to seek compensation through a common law claim. This type of claim allows you to pursue a lump sum compensation payment for your injuries including your past and future lost income, pain and suffering as well as past and future care needs, depending on your individual circumstances. 

To succeed with a car accident common law claim, you’ll need to prove:

• Another party, often the other driver, was negligent or failed to take reasonable care
• That their actions, or inaction, directly caused your injuries and losses
• That as a result of the other party’s negligence you suffered loss, such as an injury and consequential financial loss. 

Under Queensland’s Compulsory Third Party (CTP) insurance scheme, the insurer of the at-fault vehicle, or motorbike, will be responsible for paying your lump sum compensation (also referred to as your common law damages). 

At L&H Injury Lawyers, we can help you gather the right evidence, encourage the insurer to accept liability early, ensure that the insurer funds your reasonable treatment expenses along the way in full, and seek the full compensation you deserve. We understand how overwhelming the aftermath of a car accident can be and we’re here to guide you every step of the way.

If you’ve been injured at work in Queensland and your employer’s negligence played a role, you may be eligible to pursue a common law claim in addition to your statutory workers’ compensation claim. While statutory claims (handled through WorkCover Queensland or a self-insurer) can provide immediate financial support by covering medical costs and lost wages, a common law claim may entitle you to a more substantial lump sum compensation payment.  

To bring a successful work injury common law claim, as the injured worker, you must show:   

• Your employer breached their common law duty of care
• The situation involved workplace negligence, such as unsafe working conditions
• This breach caused or contributed to the injuries sustained  
• To be worthwhile for you to pursue a common law claim, there needs to be a measurable impact on your ability to work or enjoy life as before. 

Common law claims that occur from a workplace accident are often from unsafe work conditions, lack of proper training or supervision, faulty equipment or a failure to follow workplace health and safety guides or laws. 

There are strict time limits for lodging a claim under the workers’ compensation scheme, so it’s important to seek legal advice early. Our experienced personal injury lawyers will assess your situation, explain your options clearly and support you in pursuing a fair outcome.

If you’ve been injured in a public liability incident in Queensland and someone else’s negligence played a role, you may be entitled to seek compensation through a common law claim. This allows you to pursue a lump sum compensation payment for your injuries including your past and future lost income, pain and suffering as well as past and future care needs. 

To succeed in a public liability common law claim, you must be able to prove the following:

• Another party owed you a duty of care
• That party was negligent or failed to take reasonable care
• Their actions or inaction directly caused your injuries and losses, and
• As a result of that negligence, you suffered harm — such as a physical or psychological injury — along with consequential financial loss.

While public liability claims are often associated with accidents in public places, they can also arise in workplace settings, particularly where someone other than your employer is at fault. For example, a host employer, subcontractor or third party on site may owe you a duty of care. If their negligence caused your injury, a public liability claim may be available in addition to any workers’ compensation entitlements.

Total and Permanent Disability (TPD) claims are typically made through your superannuation fund and are based on insurance policies, not negligence. So, unlike a common law claim, you don’t have to prove someone else was at fault.

However, if your injury or illness preventing you from returning to work was caused by someone else’s negligence, like a serious car crash or unsafe work conditions, you might also have grounds to make a common law personal injury claim alongside a permanent impairment claim. 

Here’s how they differ:

• TPD claims are assessed by insurers under your super fund policy. 
• Common law claims require you to prove fault or negligence and are made against the responsible party, e.g. an employer or driver.
• You may be able to claim both, depending on the circumstances.

If you’re unsure which type of claim you’re eligible for or whether you can make both, it’s important to speak with a lawyer. At L&H Injury Lawyers, we’ll help you understand how the laws surrounding statutory claims, common law rights and TPD benefits interact, so you can make the best decisions for your future.

Once eligibility is established, the common law process involves the following steps:

Notice of Claim Form

This formally notifies the at-fault party or their insurer that you intend to claim. It must be submitted within specific timeframes, and generally within three years of the date of injury for work accidents and within nine months of the injury for car and road accidents and public liability claims. Extensions may be available in certain circumstances, so missing the nine-month timeframe does not usually prevent you from proceeding — but early action is always recommended.

Evidence Gathering and Assessment

We’ll gather your medical records, expert assessments, reports, witness statements and income documentation to support your claim. You will usually be required to attend medical assessments to confirm your condition.

Negotiation and Resolution

Most claims are settled out of court through negotiation. If an agreement can’t be reached, the matter may proceed to court, though this is uncommon.

Throughout the process, our experienced personal injury lawyers are by your side, ensuring your claim is managed thoroughly and respectfully.

At L&H Injury Lawyers, we know how tough it can be to face legal decisions while recovering from an injury. We bring together local knowledge, compassion and experience to guide you through every stage of your claim.

• We offer obligation-free initial consultations
• We work on a no win, no fee basis 
• We handle all communication with insurers and other parties
• We focus on achieving the best possible outcome for you

Whether you’re just starting a workers’ compensation claim, trying to understand your statutory claim or ready to pursue a common law claim, we’re here to help.

If you’ve been injured and believe someone else was responsible, don’t wait. Contact L&H Injury Lawyers on the Sunshine Coast today for clear advice and caring support.

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If you have been injured at work, a common law claim can offer more complete compensation than a workers’ compensation statutory claim alone. Under a common law claim in work accidents, road accidents and public liability incidents, you may be entitled to claim:

• Lump sum compensation payment for pain and suffering
• Past and future lost earnings
• Medical expenses and rehabilitation costs
• Loss of superannuation contributions
• Costs for past and future domestic assistance (if you can no longer manage household tasks)

The goal is to place you financially, as much as possible, in the position you would have been in if the injury hadn’t occurred.

The average common law claim payouts in QLD vary based on the type and severity of your injury, your age and how the injury has affected your life and work. The amount is determined on a case-by-case basis, as no two common law claims are exactly the same. 

Each case is unique, and as experienced personal injury lawyers, we will work alongside you to ensure maximum compensation is achieved, based on your situation.

A common law claim often includes lump sum payments for pain and suffering, plus future lost wages and medical expenses.  

In Queensland, common law payouts are generally funded by insurers, not by the individuals or organisations directly involved.

For example, when it comes to work-related injuries, statutory compensation is usually paid by your employer’s workers’ compensation insurer, most often WorkCover Queensland. If your injury was caused by employer negligence or a breach of statutory duty, you may be entitled to a lump sum compensation payment through a common law claim. This is in addition to any initial benefits you may have received under your statutory claim and is also paid by your employer’s workers’ compensation insurer. In some work accident scenarios, if your injury was caused by the negligence of a host employer or another subcontractor on site — rather than your direct employer — a separate public liability claim may be available, which would be handled by that party’s liability insurer.

In motor vehicle accidents, the Compulsory Third Party (CTP) insurer of the at-fault driver typically covers the cost of your claim. These cases often involve failure by another road user to uphold their statutory duty under traffic laws. 

For incidents in public spaces or private premises, payouts come from public liability insurers if it’s found that the business or property owner failed in their duty of care, often also tied to statutory obligations around safety.

While most common law claims are resolved through negotiation, in some cases, disputes may need to be resolved through the court system. At L&H Injury Lawyers, our experienced personal injury team will guide you every step of the way, to make sure you receive the compensation you deserve. 

The length of a common law claim can vary depending on the complexity of the case and whether the other party accepts responsibility. In Queensland, most common law claims take between 15 and 24 months to resolve.

Factors that can affect the timeline include how serious your injury is, how long it takes to stabilise medically, whether liability is disputed, and whether the claim can be settled through negotiation or needs to go through the court system.

At L&H Injury Lawyers, we aim to resolve your claim as efficiently as possible, while making sure you receive the full lump sum compensation you’re entitled to. We’ll keep you informed every step of the way and work hard to minimise delays.

This is very unlikely. Most common law claims are settled outside of court. With good preparation and strong legal representation, a negotiated settlement is usually possible, saving you stress and delays.

If court proceedings are deemed necessary, our team at L&H Injury Lawyers has extensive experience in standing up for your rights while supporting you through the process. There are also further opportunities to negotiate during the court process prior to setting foot in a court at trial.

Strict time limits apply to common law claims in Queensland. Generally, you must:

For work accident claims:

• Lodge your statutory claim within 6 months of the injury. However, it’s recommended that you do so as soon as possible after the injury occurs.
• Begin your common law claim within three years of the injury date
• These timeframes can be complex and at risk of expiring, in situations where your injury occurred over a period of time rather than a specific date, so it is important to seek legal advice early. 

For road accident and public liability claims 

• Lodge your initial claim forms within 9 months of the accident (although extensions may be granted where a reasonable explanation for the delay is provided).
• If your claim is not resolved through early negotiation, formal court proceedings must be commenced within 3 years of the injury date.

Missing a deadline can result in your claim being “statute barred”, meaning you lose the legal right to pursue compensation. That’s why it’s so important to seek legal advice as early as possible, even if you’re still recovering or unsure about your claim.