{"id":6355,"date":"2017-07-02T23:11:38","date_gmt":"2017-07-02T13:11:38","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6355"},"modified":"2017-09-21T06:16:26","modified_gmt":"2017-09-20T20:16:26","slug":"common-law-claim-damages","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/07\/02\/common-law-claim-damages\/","title":{"rendered":"What is a Common Law Claim?"},"content":{"rendered":"

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,\u00a0to obtain compensation for your injury and any resulting loss and damage. Examples of this\u00a0are where you sue an at-fault driver for injuries you suffer in a car accident<\/a>, or suing a Shopping Centre <\/a>for injuries sustained because of unsafe premises.<\/p>\n

The Difference Between a Common Law Claim and a Statutory Claim<\/span><\/h2>\n

Common Law claims are claims you have at\u00a0Common Law.\u00a0 “Common Law” is law\u00a0that 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.<\/p>\n

A good example of this is in the case of work injury claims <\/a>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\u00a0workers’ compensation\u00a0claim<\/a>. 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<\/em><\/a>. Hence, often workers’ compensation claims are referred to as “statutory claims”.<\/p>\n

Common Law Claims For Damages for Work Injury<\/span><\/h2>\n

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.<\/p>\n

Unlike with workers’ compensation claims, where anyone injured at work, no matter fault, may bring a claim, in the case of Common Law claims, only those workers injured because of the wrongful or negligent act of their employer, or co-worker have a Common Law claim.<\/p>\n

Not all injured workers in Australia have the right to a Common Law claim. A number of States have legislated excluding this right, limiting workers solely to workers’ compensation claims. Fortunately, workers injured in Queensland still have a right to pursue a Common Law claim where they are injured at work due to their employer’s or a co-worker’s negligence or wrongful act.<\/p>\n

What Rights do I have at Common Law to bring a Claim for Damages<\/span><\/h2>\n

Claims for damages or compensation for personal injury at Common Law, are most commonly grounded upon breaches of the\u00a0Common Law of:<\/p>\n