No Win No Fee Personal Injury Lawyers are experts in personal injury claims, including Common Law Claims. A Common Law Claim is what most of us know as a lawsuit. It is where you sue a party who has wrongfully or negligently caused you to suffer injury, to obtain compensation for your injury and any resulting loss and damage. Examples of this are where you sue an at-fault driver for injuries you suffer in a car accident, or suing a Shopping Centre for injuries sustained because of unsafe premises.
The Difference Between a Common Law Claim and a Statutory Claim
Common Law claims are claims you have at Common Law. “Common Law” is law that has developed over many years of judicial decisions (Court decisions). It is to be distinguished from “statutory law”, which is law enacted by legislation or statute. Rights or entitlements we have at Common Law can only be altered by legislation specifically restricting or adding to them.
A good example of this is in the case of work injury claims in Queensland. When a worker in Queensland is injured at work, on their way to or from work or during a work break, they have a right to bring a workers’ compensation claim. A worker’s right to workers’ compensation is not a Common Law right. It is a right provided by way of legislation or statute, more specifically, the Workers’ Compensation & Rehabilitation Act 2003. Hence, often workers’ compensation claims are referred to as “statutory claims”.
Common Law Claims For Damages for Work Injury
But workers in Queensland also have another right to claim compensation when injured at work. This secondary claim is their Common Law right to claim damages, and hence is called a Common Law Claim for Damages. It is where the injured worker brings a legal claim, or law suit, against their employer, to obtain lump sum compensation for their work injury and any resulting loss and damage caused by their injury.
