When an employee suffers a work-related injury or illness in Queensland, they may be entitled to compensation. There are two main avenues for seeking compensation: statutory workers’ compensation claims and common law claims. While both types of claims aim to provide financial support to injured workers, there are significant differences between the two. In this article, we will explore the key distinctions between statutory workers’ compensation and common law claims.
Statutory Workers’ Compensation Claims:
Statutory workers’ compensation is a no-fault system that provides benefits to employees who have suffered a work-related injury or illness. In Queensland, this system is governed by the Workers’ Compensation and Rehabilitation Act 2003.
1. Eligibility:
To be eligible for statutory workers’ compensation, an employee must have suffered an injury or illness that arose out of, or in the course of, their employment. This means that the injury or illness must be work-related, and the employment must be a significant contributing factor.
2. No-fault system:
Statutory workers’ compensation is a no-fault system, which means that an employee is entitled to benefits regardless of who was at fault for the injury or illness. Even if the employee’s own actions contributed to the incident, they may still be eligible for compensation.
3. Benefits:
Under the statutory workers’ compensation system, an injured employee may be entitled to various benefits, including:
- Weekly compensation payments to cover a portion of their lost wages
- Medical expenses related to the injury or illness
- Rehabilitation and return to work support
- Lump sum payments for permanent impairment, in some cases
4. Time limits:
In Queensland, an employee has up to six months from the date of their injury or the date they become aware of their illness to lodge a statutory workers’ compensation claim. However, in some cases, exceptions may apply, such as for latent or progressive conditions.
5. Claim process:
To lodge a statutory workers’ compensation claim, an employee must notify their employer of the injury or illness and complete a claim form. The employer then forwards the claim to their insurer, usually WorkCover Queensland, which assesses the claim and determines the employee’s entitlements.
Common Law Claims:
Common law claims, also known as damages claims, are separate from the statutory workers’ compensation system. These claims allow injured workers to seek additional compensation from their employer if the employer’s negligence caused the injury or illness.
1. Fault-based system:
Unlike statutory workers’ compensation, common law claims are fault-based. To succeed in a common law claim, an employee must prove that their employer’s negligence caused or contributed to their injury or illness. This means demonstrating that the employer breached their duty of care to provide a safe working environment.
2. Eligibility:
To be eligible for a common law claim, an employee must have suffered a work-related injury or illness that results in a permanent impairment. In Queensland, the permanent impairment must be assessed at 20% or more for injuries sustained on or after 30 January 2015. For injuries sustained before this date, the threshold is 15% permanent impairment.
3. Damages:
In a successful common law claim, an employee may be entitled to damages that go beyond the benefits provided under statutory workers’ compensation. These damages can include:
- Pain and suffering
- Loss of past and future earnings
- Loss of superannuation
- Past and future medical expenses
- Home and vehicle modifications
- Domestic assistance
4. Time limits:
The time limits for lodging a common law claim are generally longer than those for statutory workers’ compensation claims. In Queensland, an employee has up to three years from the date of their injury or the date they become aware of their illness to commence a common law claim. However, it is advisable to seek legal advice as soon as possible to ensure compliance with any applicable time limits.
5. Claim process:
To pursue a common law claim, an injured worker must first go through the statutory workers’ compensation process and have their permanent impairment assessed. If they meet the eligibility threshold, they can then commence a common law claim against their employer. This process typically involves engaging a personal injury law firm, like GC Law who will help gather evidence, negotiate with the employer’s insurer, and, if necessary, represent the employee in court.
Interaction between statutory workers’ compensation and common law claims:
It is important to note that an injured worker can receive both statutory workers’ compensation benefits and common law damages. However, any statutory benefits received will be taken into account when determining the amount of common law damages awarded to avoid double compensation.
Choosing between statutory workers’ compensation and common law claims:
The decision to pursue a common law claim in addition to a statutory workers’ compensation claim depends on various factors, including:
- The severity of the injury or illness
- The extent of the employer’s negligence
- The financial losses suffered by the employee
- The likelihood of success in a common law claim
It is highly recommended that injured workers seek legal advice from GC Law to help them understand their rights and options for seeking compensation.
Key differences:
In summary, the main differences between statutory workers’ compensation and common law claims are:
- Statutory workers’ compensation is a no-fault system, while common law claims are fault-based.
- Statutory workers’ compensation provides set benefits, while common law claims allow for additional damages.
- The eligibility thresholds and time limits for common law claims are generally stricter than those for statutory workers’ compensation.
- The claim process for common law claims is more complex and often requires legal representation.
Conclusion:
Understanding the differences between statutory workers’ compensation and common law claims is crucial for injured workers in Queensland. While statutory workers’ compensation provides a no-fault avenue for accessing benefits, common law claims allow eligible employees to seek additional damages if their employer’s negligence caused their injury or illness. Injured workers should seek legal advice from our team at GC Law to help them navigate the complexities of these claims and ensure they receive the compensation they deserve.
