A common law or negligence claim is an injury compensation claim available outside of work compensation and is a claim that awards damages for negligence.
The law of negligence comes from a Latin word ‘negligentia’ which means ‘to neglect’. It is a legal concept applied to ‘tort’ cases to achieve injury compensation under common law. A ‘tort’ case in common law jurisdiction is a wrong that involves a civil duty that is owed. The injury compensation awarded is usually for physical (or mental) injuries that are permanent.
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In order to bring a work compensation claim for damages under common law, negligence must be clearly proven. There are obvious cases of negligence and then there are cases that are much less obvious. Less obvious cases are usually where workplace injuries could have been avoided or prevented in some way. For more information on negligence claims you can call the Australian Injury Helpline on 1800 006 766.
Time limits do apply to workers compensation claims so it is important to get the information you need sooner rather than later, call the Australian injury Helpline today.
For example, if someone had had a fall in the same area where the workplace injuries happened due to the same issue and it wasn’t rectified then this is considered negligent. An employer has a duty of care to ensure the health and safety of their employees. When safety issues arise any reasonable employer would address it straight away to ensure it doesn’t re-occur.
Many of the people who call the Australian Injury Helpline are nervous about common law claims. We point out that if an injury could have been prevented, then it should never had happened. The law of negligence brings an element of justice where there was wrong doing or where there was a lack of responsibility. It is under common law that you may be entitled to injury compensation, and this is a legal entitlement.
Common law claims can be complex and are fact based. Every case is different and every variable needs to be assessed i.e. every contributing factor. You can call us on 1800 006 766 to discuss the circumstances of your injury. If you need to be connected with a lawyer, we can arrange this for you free of charge. The law firms we work with are recommended, reputable and offer free legal advice and take cases on a no win no fee basis.
In some parts of Australia, if you have accepted an offer of a lump sum payment you cannot proceed with a common law claim. By accepting you may have signed away your common law rights. This is why it is so important to get the right information, speak to the right people and always think of what is best for you. To get the right information on work compensation call the Australian Injury Helpline on 1800 006 766.
In some cases a lump sum payment may be $20,000 and had a person proceeded to common law they may receive $100,000+. If workplace injuries are permanent and as a result of negligence this injury compensation is legally yours. Compensation will assist you in the years to come to make up for future losses and expenses resulting from your workplace injuries.
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