If you got injured following an accident, which was either partly or wholly not your fault, you can make what is called a common law claim so as to get compensated. When you find yourself in this situation, know that the legal system offers remedies for everyone who suffered loss or harm because of wrongful acts or other people’s negligence. One of the remedies includes common law claim payouts to compensate for the injuries that another person caused.
Why Make a Common Law Claim?
Many people are worried about their future after suffering workplace injuries. Most of the time, here are common reasons employees opt to pursue common law claims:
- Disappointment with treatment from or actions by their employers
- Dissatisfaction with WorkCover during the process of making statutory claims
Calculating Damages for Common Law Claims
The amount of damages will consider several factors. First, it will consider your remaining working years. This will depend on the retirement age and your age. Second, it takes your employment availability into consideration. This will depend on the availability of the same job within your area and the current situation of employment. Last but not least, it will consider your impairment degree, depending on independent medical reports and examinations. Other factors include your income depending on your current/past work history/employer records/financial documents/tax and expense costs that are based on tax receipts/invoices, Medicare/PBS (Pharmaceutical Benefits Scheme) records, and medical records.
How Long It Takes to Settle Common Law Claims
Once you lodge an application to pursue common law claims, the TAC or WorkCover insurer only has 4 months to decide on whether or not to provide Serious Injury certificates. But in Medical Negligence & Public Liability, once you lodge an application for pursuing a claim, an attorney representing the negligent company or person will just have two months to decide if they agree with an assessment of Significant Injury. Therefore, how long the process of settlement takes depends on the Significant Injury or Serious Injury application. An attorney representing you will basically be in a better decision to give you advice regarding the settlement timeframe.
Payouts for Common Law Claims
Payouts for common law claims are simply compensation that is awarded to injured individuals as a result of legal claims against the responsible parties. The amount of compensation is evaluated depending on the incident’ circumstance and injury’s severity, not to mention, that it will be decided or negotiated by the court of law. To apply for damages incurred under the common law, you have to bring a claim to show a breach of statutory duty, fault, or breach of other relationships, like employment contractors.
- Common law claims in motor vehicle accidents – If you got involved in a serious motor vehicle accident and suffered damages or injuries, you will be entitled to make a claim for motor vehicle accidents.
- Common law claim WorkCover – If you got injured while at work and want to seek compensation for common law damages, it would be important to know the difference between common law claims and no-fault-based and regular workers’ comp claims.
In conclusion, the key to winning any common law claim is to enlist the services of an attorney who has specialized in personal injury, transport accidents, and workers’ comp law. Such attorneys have a better understanding of the legal procedures and strategies that insurers use. Therefore, they can advise you on how you increase your chances of being successful.