Skip links and keyboard navigation

Queensland Government site header

Common law claims

Under the Queensland workers' compensation scheme, workers have the right to sue their employer for negligence through a common law or damages claim. 

If the worker is able to prove negligence, a lump sum payment of damages is awarded to the worker taking into account their future economic loss (loss of wages) and pain and suffering.

WorkCover will defend the claim on behalf of the employer, keeping them informed and involved throughout the process. We will attempt to resolve the claim with the injured worker as part of the pre-court process which is set out in the legislation. WorkCover will aim to do this informally as this process is more cost effective for everyone involved. If we cannot resolve the claim informally, a more formal process called a compulsory settlement conference will be arranged. 

If a resolution of the claim cannot be achieved during the pre-court process the matter will proceed to litigation and potentially to a trial. The average common law claim takes around 12 months to resolve, but if the claim proceeds to litigation the process will take longer.

For injuries sustained between 15 October 2013 – 30 January 2015, a worker must have a greater than 5 per cent degree of permanent impairment to be able to pursue a common law claim. Read more about these legislative amendments.

For lawyers involved in common law claims for workers, we have published useful guides to deal with common technical issues including how to lodge common law claims for injuries sustained between 15 October 2013 – 30 January 2015.

If you are a worker you can read more about entitlements and how common law benefits are calculated.

Read more about:

You can also read our common law case studies.

Last updated
15 February 2016

Get ready to renew your policy from 1 July

WorkCover Queensland’s accident insurance policies are due for renewal from 1 July–31 August each year. Read up on everything you need to know to get ready for policy renewal.

Read more...

Safe Work Month 2018

Registrations are now open for Safe Work Month events across Queensland this October.

Read more...

Safe Work Month 2018